DHARAM SINGH Vs. LEKH RAM

JUDGEMENT

(1.) Appellants are defendants in present matter, whereas, respondent is plaintiff, in Civil Suit No.70 of 2015, titled as Lekh Ram vs. Dharam Singh & others, in the Court of Civil Judge (Junior Division), Court No.4, Mandi, H.P., filed for permanent prohibitory and mandatory injunction against the defendants on the ground that the suit land is in joint ownership and possession of the plaintiff, defendants and other co-sharers and property has not been partitioned, but defendants without getting the land partitioned have started raising construction on the valuable portion of the suit land on 15/2/2015 by occupying valuable portion forcibly for their personal use without consent and permission of the plaintiff and other co-sharers and construction raised as such shall cause irreparable loss and injury to the plaintiff and other co-sharers which cannot be compensated otherwise.

(2.) Defendants contested the suit by filing written statement stating therein that suit land, though, is in joint ownership and possession of the parties, but parties are residing separately in their houses and cultivating and possessing the land separately from each other by raising construction of their houses upon the land for the last so many years and are enjoying the usufruct of the land of their share separately. Further that old houses and cowsheds etc. of defendants were existing upon the land comprised in Khasra No.126, for the last more than 40 years which was in possession of the defendants. It was also stated that plaintiff himself had raised construction of a house upon the suit land and was also raising construction upon the suit land without seeking partition and, thus, it was inequitable act on his part to file present suit against the defendants. It was also contended that defendants were neither raising construction nor changing nature of the suit land as alleged.

(3.) Suit was dismissed by the Trial Court vide judgment and decree dtd. 23/12/2017.