RAM KUMAR Vs. MANGAT RAM

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree, dated 19.01.2013, passed by the learned Additional District Judge, Una, Himachal Pradesh, in Civil Appeal No. 28/2012.

(2.) 'Key facts' necessary for the adjudication of this Regular Second Appeal, are that the respondent-plaintiff (hereinafter referred to as "the plaintiff" for the sake of convenience) has filed a suit for permanent prohibitory injunction against the appellant-defendant (hereinafter referred to as "the defendant" for the sake of convenience) restraining him from causing any sort of interference and encroachment over the land measuring 1-83-55 hects., bearing Khewat No. 107 min, Khatauni No. 173 min, Khasra Kittas 15, as entered in the Jamabandi for the year 2000-2001, situated in Up Mohal Charatgarh Upparla, Tehsil and District Una, H.P. and land measuring 0-21-00 hect., bearing Khewat No. 95 min, Khatauni No. 154 min, Khasra No. 27, as entered in Jamabandi for the year 2002-2003, situated in village Up Mohal, Charatgarh Nichla, Tehsil and District Una, H.P. (hereinafter referred to as 'the suit land' for the sake of convenience). According to the plaintiff, the suit land measuring 1-83-55 hects. and 0-21-00 hects., situated in Up Mohal Charatgarh Upparla and Charatgarh Nichala, is exclusively owned and possessed by the plaintiff and defendant has no concern with the same. It is also averred that though the defendant is son of the plaintiff, but is stranger to the land. The plaintiff requested the defendant not to extend illegal threats.

(3.) The suit was contested by the defendant. According to the defendant, he has 1/6 share in the suit land being member of the joint Hindu family and coparcener. It is also submitted that the suit land is joint Hindu family ancestral coparcenary property and the defendant being coparcener, has got 1/6th share in the same. It is also submitted that although the plaintiff is Karta of the family and his name is recorded in the revenue record, but at the time of partition of the suit land, the defendant is entitled to 1/6th share in the same being coparcener.