SOHAN LAL Vs. THAKUR DASS

JUDGEMENT

(1.) The present regular second appeal has been maintained by the appellants, who were the defendants amongst others before the learned Trial Court (hereinafter referred to as "the defendants"), laying challenge to the judgment and decree, dated 14.10.2004, passed by learned Additional District Judge, Solan Camp at Nalagarh, District Solan, H.P., in Civil Appeal No. 46-NL/13 of 2002, whereby the appeal filed by the respondent, who was plaintiff before the learned Trial Court (hereinafter referred to as "the plaintiff) was partly allowed and defendants No. 1 to 6, 12 and No. 7 to 11 were held as owners-in-possession of the suit land to the extent of 1/9th share each and a decree was granted in favour of the plaintiff for permanent injunction restraining the defendants No. 1 and 2 from alienating the share of the plaintiff in the suit land.

(2.) The key facts of the case can tersely be summarized as under:

(3.) Defendants No. 1 to 3 (i.e., Shri Sohan Lal, Shri Joginder Lal, both sons of deceased Chuhra and Smt. Kishani, widow of Shri Chuhra, respectively) contested the suit of the plaintiff. They raised preliminary objection of maintainability. On merits, defendants No. 1 to 3 contended that the plaintiff started maltreating Shri Chuhra and his step mother Smt. Kishani, so Shri Chuhra started living separately. Defendants No. 1 to 3 further contended that in the year 1958 Shri Chuhra purchased land measuring 22 bighas, 11 biswas, in village Bhatauli from Gurbax Singh, Shri Gurdayal Singh, Shri Harnam Kaur for consideration of Rs. 3500/-. Shri Chuhra also purchased land measuring 1 (one) bigha, 16 biswas in village Bhatauli for Rs. 400/- and land measuring 5 bighas, 13 biswas was exchanged with one Shri Dharam Singh. So, the property of Shri Chuhra was self acquired property, as he purchased it by spending his money, which he used to earn from tailoring. As per defendants No. 1 to 3, the plaintiff used to reside in different villages and he has no concern with the suit land. Shri Chuhra (deceased) executed a valid Will in favour of the defendants and mutation consequent thereto was also attested. Defendants No. 1 to 3 prayed that the suit be dismissed.