KURDA RAM Vs. MAHABIR SINGH

JUDGEMENT

(1.) Appellants, who were arrayed as plaintiffs no.3, 4 and 6, before the learned trial Court, are aggrieved of judgement and decree dated 05.08.1998, passed by learned Civil Judge (Jr. Division), Mahendergarh, as well as judgement and decree dated 25.08.2000, passed by the learned Additional District Judge, Narnaul.

(2.) Brief facts necessary for the adjudication of the case are that the plaintiffs filed a suit for possession of agricultural land measuring 67 Kanals 15 Marlas, as detailed in the plaint. It is pleaded that Smt. Lado wife of Nand Lal, was the owner of the land measuring 112 Kanals 4 Marlas, situated within the revenue estate of Village Pota. Mutation of inheritance of the land was sanctioned on 26.05.1959 pursuant to her death on 31.04.1958. She died intestate. Mutation to the extent of 1/5th share was sanctioned in favour of Smt. Juwahara wife of Pehlad, predecessor-in-interest of some of the defendants. Mutation of remaining 4/5th share was sanctioned in favour of Mohariya, Sheotaj, Khuba and Net Ram sons of Mam Chand and Mohabata, predecessor-in-interest of the plaintiffs and proforma defendants except the legal representatives of Smt. Sukhdevi and Jai Devi, daughters of Mam Chand and sisters of Mohariya, Sheotaj, Khuba and Net Ram. Mohariya, Khuba and Net Ram, instituted a civil suit on 11.04.1960 challenging mutation of Smt. Lado's estate to the extent of 1/5th share in favour of Jawahara. It was pleaded by them that they were the sole legal heirs of Smt. Lado being nearest collaterals. Sheotaj son of Mam Chand, had since passed away issue-less, his share was also claimed by the plaintiffs. A part of the land was claimed to be in possession of the plaintiffs and a part thereof measuring 67 Kanals 15 Marlas in possession of the defendants. In the previous suit, the plaintiffs also sought possession thereof.

(3.) Defendants in the previous suit contested the said suit on various grounds including that of non-joinder of necessary parties while pleading that Sukhdevi and Jai Devi, daughters of Mam Chand/their legal representatives, were necessary parties to the suit. Defendants further claimed that Smt. Lado had left the village 40-50 years prior to her death after handing over possession of the suit property to them and she started living at her parental village Nishan. They claimed to be absolute owners of the land in possession and further they had perfected their title by adverse possession.