SUBHASH CHANDER Vs. BASANT SINGH

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and decree, rendered on 31.05.2003, by the learned District Judge, Hamirpur, H.P., in Civil Appeal No. 49 of 1996, whereby, the learned District Judge dismissed the appeal preferred, by the appellants/plaintiffs.

(2.) BRIEFLY stated the facts of the case are that the land comprised in Khata No. 660, khatoni No. 931, khasra No. 2052 measuring 1 kanal 12 marlas and khatoni No. 932, khasra No. 2053 measuring 4 kanals 12 marlas situated in Tika Sujanpur, Tappa Bhaleth, Sub Tehsil Sujanpur, District Hamirpur was jointly owned and possessed by the plaintiffs, defendants No. 1 to 5 and other co -sharers. The mutation of sale of khasra No. 2054/1, measuring 2 marlas and mutation No. 7613 is also entered in the name of defendant No. 1. It is pleaded that the husband of defendant No. 2 and father of defendants No. 3 to 5 illegally in contravention of law sold khasra No. 2054/1 measuring 2 marlas vide tatima sale out of the land comprised in khasra No. 2054 on 31.10.1990 without the consent of the plaintiffs and other co -sharers. The deceased Matlabi had no right to sell the specific portion of the joint land by tatima sale in favour of defendant No. 1. It is further pleaded that this sale deed is illegal, null and void and not binding upon the rights of the plaintiffs and other co -sharers and is liable to be cancelled and quashed. It has been further pleaded that the defendants on the basis of this illegal sale of the suit land, have no right to raise constructions over this land which is still joint and un -partitioned yet the defendant started digging the suit land with a view to raise construction over it without the consent of the plaintiffs and other co -sharer despite the repeated requests of the plaintiffs. Hence the suit.

(3.) THE plaintiffs/appellants filed replication to the written statement of the defendants/respondents, wherein, he denied the contents of the written statement and re -affirmed and re -asserted the averments, made in the plaint.