RAM LAL Vs. MUHAMMAD AMIR MUSTAFA KHAN

JUDGEMENT

(1.) The parties are co-sharers in the village. The suit out of which this appeal has arisen was originally instituted by the Respondent No. 1, Muhammad Amir, who happens to be a co-sharer to a large extent in the village and also the lambardar of it. The main defendants in the case were defendants Nos. 1 and 2. The other defendants were impleaded as being co-sharers in the village, who did not join the plaintiff in the institution of the suit. Some of these defendants were later on, it appears, made plaintiffs.

(2.) The suit was launched with the allegation that, on a portion of the village site, stood the house of one Khushla Chamar, a tenant, who died about 20 years ago. Since his death, the house was occupied by two other tenants, viz., Rajna and Zaharya. Rajna and Zaharya left the village about two years before the institution of the suit and defendants Nos. 1 and 2 removed the materials, took possession of the site and started constructing a building of their own. The suit was, therefore, instituted for recovery of joint possession and for recovery of damages.

(3.) The Court of first instance decreed the claim for joint possession and for the demolition of the building erected by the defendants Nos. 1 and 2, but dismissed the suit so far as it asked for recovery of damages. This judgment was upheld by the lower Appellate Court.