SURESH KUMAR Vs. BABU RAM

JUDGEMENT

(1.) The present plaintiff -appellants are the minor sons of Sh. Ranjit Singh defendant -respondent. They filed a suit for declaration that they were owner/co -sharers in the sole possession of the suit land described in the plaint, and also sought for permanent and mandatory injunction.

(2.) The facts giving rise to the present proceedings are that according to the plaintiffs the suit land was owned by them and by defendants 1 to 9 as co -sharers and all co -sharers have been alleged in Hisedari possession of different khasra numbers, but khasra No. 973, which was the suit land, was alleged to be in sole Hisedari possession of Lachhman son of Tulsi, on whose death his inheritance devolved upon Hem Rai and Lekh Raj sons and Smt. Sarsuti Devi widow of Lachhman. Plaintiffs further pleaded that the defendant No, 1 Babu Ram was a clever man and he in collusion with another person fraudulently secured a lease deed on a paper regarding old . khasra No. 973 at Rs 60 annual rent, which land was actually not in his possession It was also pleaded that on 9th April, 1974 defendant No. 4 Hera Raj, who was owner in possession of khasra No, 973, executed a sale deed of his share in old Khasra No. 973 in favour of plaintiffs for Rs, 3,000 and got the same registered and handed over the possession* According to the plaintiffs, defendant No. 10 Ranjit Singh who was the owner of the material of the shops, standing on the suit land, gifted the material of the shops in favour of the plaintiffs, vide gift deed dated 24th July, 1980 and the plaintiffs, as such, became cosharers in the exclusive possession of the shops situated in old Khasra No. 973. It has been also pleaded that the defendant No.1 Babu Ram has been in possession of more than his share in the joint khata.

(3.) It was also pleaded that the defendant No, 1 Sh. Babu Ram filed a civil suit No 121/75, 7/76 titled as Babu Ram v. Ranjit Singh and others, in the Court of Sub -Judge, Dehra, for possession by demolition of buildings on old khasra No. 973, The suit was decreed on 15th July, 1977 and a decree for possession of the land comprised in khasra No 973 measuring 1 kanal 7 marlas (the suit land) by way of demolition of the structure was passed in favour of the plaintiff Babu Ram and against defendant No. I Ranjit Singh, the father of the present appellants. Through this decree, the defendant was further directed to hand over the vacant possession of the suit land as mentioned earlier. This decree has been assailed to be bad in law and the plaintiffs claimed that said decree did not affect their ownership and possessory rights over the suit land alongwith the structure standing thereon.