BALDEV SINGH Vs. DARSHANI DEVI

JUDGEMENT

(1.) The question of law, which can be said to have arisen for deter-mination in this Second Appeal is that whether a co-owner can transfer a valid title in a specific portion of land owner which he is not in exclusive occupation.

(2.) The plaintiff is the appellant, who has challenged the judgment and decree passed on 30th Sept. 1985, by District Judge, Solan and Sirmaur Districts at Nahan, allowing the appeal of the defendants-respondents and dismissing the plaintiff's suit for possession and thereby setting aside the judgment and decree passed on 28/02/1984 by Sub Judge, Nahan, decreeing the plaintiff's suit for possession.

(3.) On 5/06/1981, a suit for possession of 65 square metres of land comprised in Khasra No. 120 and 137/9/2/2/2/1 as entered at Khewat No. 56 min, Khatauni No. 78 in Misal Haqiat Bandobast of Nahan town was filed by the plaintiff, on the basis of title alleging that a valid title to this part of the property had been acquired by him through its previous owner, Kanwar Narbir Singh, by means of a registered deed of sale dated 12/05/1981. A small hut was also constructed thereupon after spending Rs. 500.00 but for the last 11/2 year, the defendants in his absence and in the absence of the previous owners, without their consent and permission, had made forcible entry in the land, including the hut standing thereupon and had dispossessed the plaintiff, for which they had no right, title and interest. It was alleged that the despite requests the defendants failed to deliver back the possession and as such the plaintiff, on the basis of title was entitled to a decree for possession.