RAVINDER SINGH Vs. RAI SINGH

JUDGEMENT

(1.) Civil suit for permanent injunction filed by respondent No.1 was dismissed by the learned trial Court on 29/3/2008. Learned First Appellate Court vide judgment and decree dtd. 16/5/2009 allowed the appeal filed by the plaintiff and decreed the suit. Assailing the judgment and decree passed by the learned First Appellate Court, the instant appeal has been preferred by the defendant.

(2.) Parties hereinafter are referred to as they were before the learned trial Court.

(3.) Learned counsel for the appellant argued that the learned First Appellate Court did not appreciate the fact that out of three khasra numbers comprised in the suit land, the defendants were in separate possession over Khasra No.1955. The other two Khasra Nos.1952 and 1953 were in possession of the plaintiff and his sisterin-law Smt. Sureshtha Devi and prior to them, these two numbers were in possession of Sh. Hoshiar Singh. Sh. Hoshiar Singh and Sh. Santokh Singh (original defendant No.1) were real brothers and co owners of the suit land to the extent of half share each. By way of a family arrangement, these three khasra numbers had been divided between them. Sh. Hoshiar Singh had raised construction over part of Khasra No.1952 in form of a house. Under a Will executed by him, he bequeathed the house raised by him over Khasra No.1952 in favour of his daughter-in-law Smt. Sureshtha Devi and remaining portion of Khasra No.1952 and Khasra No. 1953 were bequeathed in favour of the plaintiff and Smt. Sureshtha Devi in equal shares. On the basis of this Will, mutation had already been attested. Original defendant No.1 Sh. Santokh Singh was also in separate and exclusive possession of Khasra No.1955. Defendants wanted to raise construction only over parts of this khasra number. Separate possession of the parties over the suit land was reflected in the jamabandi for the year 1999-2000 Ext. D-1. Therefore, plaintiff was not entitled for the relief of injunction.