- (1.) The present appeal arises out of the judgment and decree of the trial Court dated 17.10.1984 and upheld in an appeal dated 10.03.1986 by the Addl.District Judge, Jind whereby the suit for permanent injunction of the plaintiff-appellants was dismissed; wherein they had pleaded that the defendantrespondents be restrained from alienating any particular khasra number or any other share more than their share of the land without getting it partitioned as they were co-sharers in the land in dispute.
(2.) The said suit was filed on 29.01.1982. There are two sets of defendants and it was alleged that the 1 st set of defendants were the contesting ones and the 2 nd set had been given up as they had common interest as that of the plaintiffappellants. The suit was contested by the 1 st set of defendants who are arrayed as respondents herein on the ground that the plaintiff-appellants were not co-sharers of the land in dispute since the defendant-respondents had been in possession of the land for the last 60 years considering themselves as the owners, thus they had become the owners by way of adverse possession.
(3.) It was also submitted that they had been mortgaging all the land to various persons since very long time and the possession of the mortgagers was ouster of the plaintiff-appellants. In the additional objections filed in the written statement, a plea was taken that initially partition proceedings in the year 1961 had been preferred by the plaintiff-appellants which were objected to by the defendant-respondents and the Assistant Collector, 1 st Grade, Jind, vide order dated 08.05.1962, had directed the parties to get the question of title determined by the civil Court which admittedly had not been done and the suit was not maintainable in the present form. Replication was filed to the said written statement regarding the allegations of mortgagee and regarding the decision of the Assistant Collector 1 st Grade, Jind and the same were denied by alleging that the suit was within limitation since the title of the suit was not decided.;