DHARAM SINGH Vs. JAGDISH

JUDGEMENT

(1.) This appeal is by the defendant against the judgment and decree dated 27-5-2004 of the learned Additional District Judge, Una, reversing the judgment and decree dated 17-8-2001 of the learned Sub-Judge 1st Class (1), Amb. The respondent/plaintiff filed a suit for possession of the land in dispute against the defendant by pleading that the defendant has encroached upon the land in dispute. The defendant while resisting the suit raised an objection that the suit was bad for non-joinder of necessary parties. It was averred that the plaintiff was only a co-sharer and in the absence of other co-sharers the suit was bad.

(2.) The learned trial Court after having held the defendant as encroacher over the land in dispute non-suited the plaintiff simply on the ground that the suit filed by the plaintiff without impleading the other co- sharers as parties was bad.

(3.) In appeal preferred by the plaintiff, the learned Additional District Judge after setting aside the judgment and decree of the learned trial Court granted a decree for possession of the land in dispute in favour of the plaintiff. The learned Additional District Judge held that the suit of the plaintiff as one of the co-sharer of the land in dispute was maintainable.