MOHINDER SINGH Vs. GURBAX SINGH

JUDGEMENT

(1.) The present appeal is directed against the judgment and decree passed by the learned District Judge, Una vide which the appeal filed by the respondents (legal representatives of the original defendant before the learned Trial Court) was allowed and the judgment and decree passed by learned Civil Judge (Junior Division), Court No. 1, Amb, District Una, H.P. were set aside.

(2.) Briefly stated, the facts giving rise to the present appeal are that the plaintiff filed a civil suit before the learned Trial Court for seeking the possession by removal of supper structure/Malwa over the land comprised in Khewat No. 99 min, Khatouni No. 222 min, Khasra No. 2282/1 measuring 0/0/92 Hectare situated in Up-Mohal Kaloh, Mouja Kaloh, Tehsil Amb, District Una, H.P as entered in the copy of Jamabandi for the year 1995-1996. (hereinafter referred to as the suit land). It was asserted that the plaintiff was a co-sharer in possession of the suit land. The defendant took forcible possession of the suit land in April 2000 without any right, title or interest. The plaintiff requested the defendant to deliver the possession, but in vain. Hence, the suit was filed to seek the relief mentioned above.

(3.) The suit was opposed by filing a written statement taking preliminary objections regarding lack of maintainability and cause of action, the plaintiff having not come to the Court with clean hands and the suit being bad for non-joinder of necessary parties. The contents of the plaint were denied on merits. It was asserted that the suit land is owned and possessed by the plaintiff along with other co-sharers, but the same is in exclusive hissedari possession of the father of the plaintiff-Jaspal Singh. The plaintiff, his brother and mother are in exclusive hissedari possession of the suit land after the death of Jaspal Singh. The suit land adjoins the land of the defendant. The defendant raised his residential Abadi over Khasra No. 2282 in the presence of the plaintiff, his father and other co-sharers. He is in peaceful possession of the Abadi constructed over part of the suit land bearing Khasra No. 2282. The old Khasra Number of adjoining land of the defendants were 3413, 3414 and 3416. The plaintiff concealed these facts from the Court. Hence, it was prayed that the suit be dismissed.