SONAM RAM Vs. JAGAT RAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment, decree dated 16.8.1995 passed by learned Additional District Judge, Kullu in Civil Appeal No. 20 of 1995, reversing judgment, decree dated 28.2.1995 passed by learned Senior Sub Judge, Lahaul -Spiti exercising the powers of Sub Judge 1st Class, Kullu in Civil Suit No. 40 of 1992.

(2.) THE facts in brief are that respondents -plaintiffs filed a suit for declaration that land comprising Khasra Nos. 2972 and 2971 measuring 1 bigha 19 biswas, situated in Phati Vashishat Kothi Jagatsukh, Tehsil and Distt. Kullu vide Jamabandi for the year 1987 -88 is jointly owned by the parties in which respondents are joint owners in possession to the extent 5/24 shares and as such they are entitled to separate their shares by way of partition with consequential relief of injunction restraining the appellants -defendants from denying the title of the respondents in the suit land and from dispossessing or ousting them till the suit land is lawfully partitioned among them.

(3.) THE appellants filed written statement in which they took preliminary objections that respondents are not in possession of the suit land and as such suit for declaration and injunction is not maintainable, the suit is not within limitation and respondents have not approached the Court with clean hands. On merits, it has been denied that respondents are joint owners in possession of the suit land. Nathu Ram etc. along with one Tej Ram father of respondents were owners in possession, of land comprised in Khasra No. 2972, measuring 19 Biswas. After the death of Tej Ram his estate was inherited by his widow Smt. Budhi and his sons respondents. Nathu Ram etc. and Smt. Budhi vide registered sale deed dated 12.6.1969 sold their entire share in the aforesaid khasra Nos. 2972 and 2971, measuring 1 -15 bighas in favour of appellants and their uncle Loza Ram. Thus appellants and Loza Ram became absolute owners in possession of land measuring 1 -0 bighas comprised in khasra No. 2971 and joint owners in possession of land measuring 19 biswas comprised in khasra No. 2972. On the death of Loza Ram, appellants inherited his estate including his share in the suit land.