KESHRIMAL Vs. HARAK CHAND

JUDGEMENT

(1.) THE appellant � defendant Keshrimal s/o Gebi Ram filed the present first appeal under Section 96 of CPC in this Court on 21.02.1985 being aggrieved by the judgment and decree of the learned trial court of District Judge, Balotra, district Barmer dated 07.11.1984 decreeing the Civil Suit No. 27/79 Harak Chand s/o Hazari Mal Bagrecha vs. Keshrimal s/o Gebi Ram for mandatory injunction, possession and compensation.

(2.) THE suit was filed on 14.08.1973 by the plaintiff Harak Chand s/o Hazari Mal with the plaint averments that in Garh Siwana, there is an ancestral house of the plaintiff as per the description and neighbourhood given in the plaint and the said residential house in question, there are two equally and similarly constructed portions with a common outlet door on the western side and the northern portion to the house is of the plaintiff, whereas the southern portion of the house belongs to the defendant and they are in possession of the respective portions since Samwat Year 1990.

(3.) THE defendant Keshrimal in his written statement filed in present suit, however, stated that the entire house belonged to the defendant only and entire house was in his possession only from the time of his ancestors and the plaintiff did not have any share in that property and no partition in the Samwat year 1990 took place between their ancestors and nor any mortgage deed was executed in favour of Pukhraj Bachhraj Bagrecha by his father Gebi Ram and the document, if any, was created by collusion of plaintiff Harak Chand and Pukhraj Bachhraj. The defendant also stated in the written statement that one Ladu Ram had four sons being Hazari Mal, Aasuram, and Vansraj, out of which one son Hazari mal had gone in adoption by one Magna Ji and second son Aasuram was adopted by one Fauja Ji and third son Vansraj was adopted by one Shivdan and thus the three sons of grandfather Ladu Ram had been adopted by three different persons and, therefore, the said residential house devolved on Gebi Ram, the fourth son of Ladu Ram and through him on to the present defendant Keshrimal s/o Gebi Ram.