TARA SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) The plaintiff instituted a suit, claiming therein, pronouncement, of, a decree for permanent prohibitory injunction, in respect of the suit land AND vis-a-vis the defendants. The learned trial Court decreed the suit of the plaintiff in respect of relief of permanent prohibitory injunction. The defendants being aggrieved therefrom, instituted an appeal before the learned First Appellate Court, the latter Court allowed the appeal, whereupon, it reversed the judgment and decree, pronounced by the learned trial Court. Being aggrieved therefrom, the plaintiff instituted the instant appeal before this Court, wherein, reversal of the verdict pronounced by the learned First Appellate Court, is strived.

(2.) Briefly stated the facts of the case are that the plaintiff is owner in possession of the land comprising in Khata Khatauni No. 156/243, total measuring 63.13 bighas, including the land comprising in khasra No.565/84, 567/84, 570/458/86, 568/456/85 and 591/92 min, measuring 1.1, 10.14, 1.0, 2 and 19.15 bighas respectively, situate in mauza Gangoowala, Tehsil Paonta Sahib. The plaintiff's case is that the defendant has no right, title or interest in the suit land. The defendant has his separate land which was purchased by the plaintiff in the name of defendant and his two other sons, who are residing separately. The defendant is a very quarrelsome person and is trying to occupy the suit land forcibly. The plaintiff being an old person of 80 years of age cannot resist the illegal acts of the defendant. As such, the plaintiff filed a suit for permanent injunction seeking to restrain the defendant from interfering or occupying the suit land.

(3.) The defendant contested the suit and filed written statement, wherein, he has taken preliminary objections of maintainability and collusion. The defendant has pleaded that 12-13 years ago, the plaintiff made a family settlement of his property in order to bring peace and cordial relations between the family members and in family settlement, he has given land comprised in khasra No.591/92/1, measuring 7 bighas, khasra No.568/456/85/1, measuring 17 biswas and Khasra No. 567/84/1 measuring 7.11 bighas, total land measuring 15.8 bighas and he is in physical possession of the same. That apart, the defendant's case is that he was given one room for residence, when he was separated by the plaintiff. Apart from the aforesaid land, the plaintiff also purchased 15 bigha of land from the income of the ancestral land and the same was purchased in the name of defendant, Harjeet Singh and Gurmeet Singh about 20-25 years back. Defendant's further case is that on account of the separation from the family on account of family settlement, he on getting the land in settlement made improvements on the same and about three years back, he built a pucca house on the land allotted to him and also constructed a boundary wall. His further case is that the suit land is joint Hindu family coparcenary property of plaintiff, defendant and his two brothers. Waryam Singh, father of the plaintiff was the son of Subha. Subha had five sons, namely, Jagat Singh, Gurbachan Singh, Waryam Singh, Ran Singh, Mehar Singh and Jota Singh. Defendant's further case is that his grand father Waryam Singh, pre-deceased his father Subha. After the death of Subha, his estate qua the estate of father of plaintiff, was inherited byt the plaintiff and his two brothers, being the sons of Waryam Singh vide mutation No.271, dated 11.6.1955. Apart from the land inherited by the plaintiff from his grand father Subha, he had also inherited the land from his father Shri Waryam Singh round about and prior to 1950. Thus, the entire land in the hand of the plaintiff is ancestral coparcenary property and defendant being the member of joint Hindu family as well as being coparcener has a right by birth which right had been duly admitted and accepted by the plaintiff, therefore, according to the defendant, the plaintiff effected the family settlement and gave land measuring 15.8. bighas to him. Apart from that, the plaintiff has also purchased 15 bighas of land which was purchased by him in the name of defendant, Harjeet Singh and Gurmeet Singh from joint family income as well as income from ancestral land, 20-25 years back.