SANT RAM Vs. DOLLY VIJAY

JUDGEMENT

(1.) Challenge in the present appeal has been directed against concurrent findings of fact recorded by the Courts whereby suit for declaration that the plaintiffs (respondents herein) are joint owners of property measuring 10 marlas comprised in khasra number 725/398/1 (5-7) situated at Basti Mithu near Jainsons Industries, Tehsil and District Jalandhar, fully described in head note of the plaint and shown red in the site plan attached and for mandatory injunction directing appellant/defendant to hand over vacant possession of the property in dispute to the respondents after demolishing and removing malba of illegal and unauthorised structure raised on the plot in dispute was decreed by the trial Court vide judgement and decree dtd. 20/9/2017 and appeal preferred by unsuccessful defendant/appellant came to be dismissed by the Additional District Judge, Jalandhar.

(2.) The respondents/plaintiffs staked their claim to the suit property on the premise that Karam Singh Vijay, sole proprietor of M/s Electro Automatics had been doing business at 5, Mandi Road, Jalandhar. He purchased plot measuring 1 kanal out of aforesaid khasra number vide sale deed no. 2456 dtd. 4/7/1980. Out of land purchased by Karam Singh Vijay, he alienated portion of land measuring 10 marla, thus, left with 10 marla of land reflected in the revenue records in the name of firm M/s Electro Automatics. After death of Karam Singh Vijay due to cardiac disease on 1/5/2002, the property in question is inherited by the respondents being class I heirs to the extent of 1/4th share each. The respondents approached the revenue authorities for incorporation of their names in the revenue records and they came to know that the suit property is under illegal and unauthorised possession of appellant/defendant who has no right, title or concern with the same.

(3.) The appellant/defendant filed the written statement and raised preliminary objections, inter alia non-maintainability of the suit, estoppel, inappropriate valuation, suit being without cause of action, concealment of material facts, suit being barred under Sec. 41 (h) of the Specific Relief Act, limitation, non-joinder and misjoinder of parties. It is averred that Raja Ram, grandfather of the appellant shifted to the property in dispute in the year 1947 and at that time, it was an isolated area and 'bhand' community established their locality in the property in dispute. Raja Ram raised construction upon the property in dispute with his hard earned money. Marriage of father of the appellant namely Fajja Ram was solemnised in the property in dispute as well as marriage of the appellant and his siblings was performed there. Ration card and electricity bills of the property are claimed to be in favour of the appellant. Possession of the appellant along with his family is actual, peaceful, uninterrupted and without any sort of interference from any side. All other material averments of the plaint have been denied with a prayer of dismissal of the suit.