RAMA Vs. JASA RAM

JUDGEMENT

(1.) This appeal under Sec. 100 CPC is directed against judgment and decree dtd. 21/1/2015 passed by Civil Judge (Sr. Division), Jalore and judgment and decree dtd. 28/11/2019 passed by District Judge (Family Court), Jalore, whereby, the suit filed by respondent -Jasa Ram has been partly decreed and the appeal filed by the appellants has been rejected, respectively.

(2.) The suit for partition, permanent injunction and possession alongwith mesne profit for use and occupation was filed by the plaintiff against Laxmi Narayan and the appellants inter alia with the averments that plot of land at Bhadrajoon Ki Dhani was jointly purchased by plaintiff and defendant No.l on 27/4/1981; since the date of purchase the plaintiff and defendant No.l are in possession of the plot, boundaries thereof were indicated in the plaint, a patta dtd. 27/5/1996 was also issued in favour of the plaintiff. It was claimed that after purchase of the plot, plaintiff and defendant No.l constructed six shops and one shop was constructed at the back of shop No.5 and 6 alongwith a water tank etc., the plot was not partitioned, both the parties have equal share, the defendant No.2 was plaintiff's brother, defendant No.3 his sister-in-law, defendant No.4 his nephew and defendant No.5 his niece, who were not favourably inclined to the plaintiff.

(3.) Defendants No.2 to 8 were bent upon dispossessing the plaintiff and, therefore, on 24/7/2002, an FIR was lodged and challan was filed by the police, in which, it was held that the possession was that of plaintiff. The defendant No.3 also lodged a false FIR, in which, charge-sheet was filed and matter is pending.