KULDEEP SINGH Vs. LEKH RAM

JUDGEMENT

(1.) The instant appeal is directed, against, the concurrently recorded verdicts by both the learned Courts below, whereby, the plaintiff's suit for rendition, of, a decree for declaration, as well as for, rendition of a decree for permanent prohibitory injunction qua the suit khasra number(s), was, hence dismissed.

(2.) Briefly stated the facts of the case are that the plaintiff and defendants were owners of land measuring 110-9 bighas, comprising Khasra Nos. 95, 99, 135, 141, 142, 154, 155, 196, 204 and 247, Khewat/Khatoni No.89/114, situated in village Ghandeer, Pargana Bachhretu, Tehsil Ghumarwin, District Bilaspur, H.P. The plaintiff was joint owner in possession 736/2209 share of the suit land. It was further pleaded that previously Daulat Ram, Ram Singh and Ram Dial were joint owners in possession of 1/2 share of suit land, whereas, Smt. Bazeeru was joint owner of the remaining 1/2 share. On the death of Daulat Ram, his share was inherited by the plaintiff Kuldeep Ram. Smt. Bazeeru, who was owner of 1/2 share of suit land had bequeathed her 1/2 share of suit land in favour of plaintiff, defendants and Smt. Shartaju to the extent of equal share each and thus the plaintiff Kuldeep Singh and Shartaju inherited 1/6 share each of 1/2 share of Smt. Bazeeru of the suit land. Smt. Shartaju was step mother of the plaintiff and the plaintiff inherited her share also on her death and thus the plaintiff became joint owner in possession of 736/2209 share of the suit land, whereas, he was shown joint owner of less land than his actual share in the suit land. The entries in the revenue record qua the share of plaintiff and defendants were wrong and illegal. On 28.8.1993, the defendants threatened to dispossess the plaintiff from the suit land. Hence, the plaintiff had instituted the suit for declaration that he be declared joint owner in possession of 736/2209 share of the suit land and that the defendants be restrained from interfering with his possession qua his share in the suit land.

(3.) The defendants contested the suit and filed written statement, wherein, they have taken preliminary objection qua maintainability, cause of action, estoppel, locus standi, valuation and mis joinder and non joinder of necessary parties. On merits, they admitted that Smt. Bazeeru had executed will dated 7.11.1967 in favour of the plaintiff and defendants. But they have further alleged that the share of the parties were bifurcated as per possession of the defendants and the plaintiff has no right, title or interest over the land in possession of the defendants. They have denied that after death of Smt. Shartaju, her share was inherited by the plaintiff. It is also denied that the plaintiff is in possession of 36.16 bighas are out of the suit land. In nutshell the defendants refuted the case of the plaintiff and they prayed for dismissal of the suit.