RANVIR SINGH AND ORS. Vs. PARDUMAN SINGH

JUDGEMENT

(1.) THIS review petition has been filed for reviewing judgment dated 23.11.2010 passed in CMP (M) Nos. 865 and 866 of 2009 and RSA No. 91 of 2000.

(2.) THE facts, in brief, are that Praduman Singh and Basant Singh, brothers, had filed a suit for permanent injunction restraining Narain Singh and Ranbir Singh from raising any construction over the suit land or changing the nature thereof. In case, some construction was raised by them during the pendency of the suit over the suit land, then a decree for joint possession after ordering demolition of such construction was also prayed till partition.

(3.) THE Trial Court held that Praduman Singh and Basant Singh were owners in possession to the extent of 2/3rd shares as co -sharers in the suit land and the relevant revenue entries were wrong. Smt. Bhajyali had executed Will in favour of Praduman Singh and Basant Singh. The mutation attested in favour of Narain Singh was wrong. Smt. Bhajyali had not executed any Will in favour of Narain Singh. The proposed construction on the suit land amounts to infringement of rights of Praduman Singh and Basant Singh. The learned District Judge on 30.09.1999 upheld the judgment and decree dated 29.12.1994 of the Trial Court.