SUKH RAM Vs. RATTAN LAL

JUDGEMENT

(1.) THIS regular second appeal by the defendant is directed against the judgment and decree dated 30th March, 2006 of learned Additional District Judge, whereby dismissing the appeal of the appellant, judgment and decree dated 17.10.2001 of learned trial Court decreeing the suit of the respondent has been upheld.

(2.) RESPONDENT instituted a suit for permanent prohibitory injunction restraining the appellant/defendant from interfering in his land measuring 6 bighas or causing any interference in the structure standing on land bearing khasra No. 1434/1389/488/1, measuring 6 bighas situated at village Kalol Tehsil & Distt. Bilaspur. Suit was contested by the appellant/defendant. He took the plea that the land had been obtained in exchange of a portion of joint land of the parties, who are related to each other as real brothers and, therefore, even if the entries in revenue papers reflected the respondent/plaintiff as exclusive owner in possession, the fact of the matter was that the property was joint. Various issues based on the pleadings of the parties were framed. Ultimately, the suit was decreed with the finding that the suit land belonged to the respondent -plaintiff.

(3.) THE present appeal was admitted on the following substantial questions of law.