LAWS(P&H)-2019-7-316

SATYA PARKASH Vs. PURAN THROUGH HIS LRS

Decided On July 18, 2019
SATYA PARKASH Appellant
V/S
Puran Through His Lrs Respondents

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiff Sh.Mool Chand son of Sh.Nathu Ram son of Sh.Devdutt, resident of village Sulkha, Tehsil Bawal, District Rewari had brought a suit against defendants i.e. S/Sh.Puran and Tara sons of Som Parkash, Smt.Kunta Devi widow of Rangi Lal, Smt.Yashwanti Devi - widow and Sh.Satish Kumar son of Sh.Jawahar and Ram Payari widow of Kishan, all residents of the same village, craving for grant of a decree for permanent injunction submitting that he is owner in possession of the suit land comprised in Khewat No.188, Khatoni No.247, rectangle No.55, killa No.14/1(3-13), khasra Nos.406(0-2), 407(0-2), 408(0-2) measuring 3 kanals 19 marlas situated at village Sulkha,

(2.) Tehsil Bawal, District Rewari since long; that the defendants wanted to take forcible possession of the suit land from the plaintiff on the strength of the entries in their favour managed by them in the revenue record, not listening to his request to desist from doing so. According to the plaintiff, the defendants never remained in possession of any part of the suit land for the last 12 years before institution of the suit whereas the possession of the plaintiff has been open, peaceful and hostile for the last more than 12 years. Feeling threatened at the hands of the defendants, the plaintiff had filed the civil suit in question.

(3.) On being put to notice, the defendants appeared. Defendants No.1 to 4 had filed a joint written statement contesting the suit denying that the plaintiff was owner of the suit land, rather contending that the suit land is dohli property and several other dohlidars had got share in such land; that Mool Chand had 1/10 share, Puran and Tara 1/5th share each, Ram Swarup had 1/4th share, whereas Kishan Lal and other defendants had also share in the said land; that earlier the entries in the revenue record were wrong, so those were corrected by the revenue authorities. In the end, those defendants prayed for dismissal of the suit.