- (1.) Plaintiffs had filed the suit for declaration that they were joint owners in possession of the suit land described in the head note of the plaint to the extent of 1/14th share.
(2.) The case of the plaintiffs, in brief, was that defendants No. 1 to 6 along with Santosh Kumari were joint owners in possession of the land measuring 185 Kanals 18 Marlas. Santosh Kumari sold khasra Nos. 668/1(8-0), 668/2(2-18), 669/1(4-9), 669/2(0-3), 671(8-0) and 665 Min South (3-1) vide four sale deeds dated 11.6.1981 to the plaintiffs to the extent of _1/2 share and to Gurmeet Singh son of Gurbux Singh to the extent of _1/2 share. Santosh Kumari-vendor was in possession of the land sold by her as a co-sharer along with defendants No. 1 to 6. Defendants No. 1 to 6 were not allowing the plaintiffs to take possession of the suit land on the ground that Santosh Kumari was not in separate physical possession of the land sold by her to the plaintiffs and Gurmeet Singh. Hence, the suit was filed by the plaintiffs.
(3.) Defendant No. 1, in his written statement, averred that defendants No. 3 to 6 had no concern with regard to 34 Kanals of land bearing khewat No. 57 khatauni No. 72 as reflected in jamabandi for the year 1977-78 village Bhagwanpur. It was denied that defendants No. 1 to 6 and Santosh Kumari were in joint possession of the suit property. It was averred that Santosh Kumari was not in exclusive possession of the khasra numbers mentioned in the sale deeds and hence, she had no right to execute the sale deeds qua specific khasra numbers.;