KAMAL KANT Vs. KULWANT

JUDGEMENT

(1.) This Regular Second Appeal was admitted on the following substantial questions of law: -1. Whether Consolidation Authorities have no power or jurisdiction to confer exclusive title of suit property on the father of the appellants during consolidation proceedings under Consolidation Law? 2. Whether the writing Ext.PW -1/A required to be executed on non -judicial stamps and compulsory registration? 3. Whether suit for possession has to be filed within three years from the date execution of Ext.PW -1/A or 12 years under Limitation Act?

(2.) Briefly stated the facts of the case are that original plaintiff Shankar filed a suit claiming that he is owner of land bearing Khasra No. 132 measuring 1 -12 bighas. On this land he has a residential house, cow shed and kitchen. The defendants are also in possession of half partition of the residential house, cow shed and kitchen. The other half portion is in possession of the plaintiff. The plaintiff alleged that the defendants are in permissive possession of the house of the suit property and the possession of the same was handed over to the defendants on 20.12.1987 because defendants had no accommodation to live in. The defendants had agreed that they would retain the possession till they built their own house and at the most for a period of one year. The plaintiff had agreed to pay Rs.1800/ - to the defendants on account of their surrendering the possession of the aforesaid premises. The plaintiff is willing to pay this amount but the defendants did not hand over the possession of the suit property. Hence, the suit.

(3.) According to the defendants, the suit property is joint property and inherited from their common ancestor Shri Durga. Since it is a joint property, the plaintiff cannot claim possession of half of the land till partition takes place.