G.S.SANDHAWALIA - (1.) THE present appeals have been filed by Naseeb Singh and his two brothers, Ramesh Kumar and Naresh Kumar who are the plaintiffs and are aggrieved against the concurrent findings of the Courts below whereby their suit for declaration claiming to be owners in possession of the house situated within the abadi deh in the Village Gugaheri, Tehsil Meham, Distt. Rohtak detailed in para No.1 of the plaint comprising in khewat No.303 and khasra No.153, 256 and challenging the sale deed dated 24.03.2006 to defendant No.1, Bharat Singh and for grant of the relief of permanent injunction was dismissed. THE present order shall dispose of three regular second appeals bearing RSA No.4999 of 2011, RSA Nos.646 & 753 of 2012. THE facts are being extracted from RSA No.4999 of 2011 which arises from Civil Appeal No.18 of 2010 decided by the lower appellate Court and pertains to Civil Suit No.93/1 of 2006 filed on 03.05.2006.
(2.) THE first set of litigation was filed by the plaintiffs, Naseeb Singh and Ramesh Kumar seeking a decree for restraining the defendants from demolishing the wall marked by letters CD shown in blue colour in the site plan. THE allegations in the plaint were that plaintiffs were owner in possession of the house situated in the abadi deh of Village Gugaheri and the house of the plaintiff was in the southern side of the wall of the house marked by letters CD which was joint with the defendants. THE roof of the plaintiffs' house rested on the common wall and defendant No.1 was in occupation of southern portion of the house of the defendants while defendant No.2 had nothing to do with the common wall yet they wanted to demolish the wall on which they have no right. The suit was contested by filing written statement by Samay Ram and it was pleaded that the property was owned by Arjun Singh son of Kheri and brother of defendant No.3 and within the family settlement dated 01.07.2003, the property had come to defendant No.3. As per the settlement, the property of defendant No.3 in Village Katwal, Tehsil Gohana, District Sonepat went to the share of Arjun Singh in exchange and thus, defendant No.3 was the owner in possession of the suit property after exchange and the plaintiff had no concern over it. The plaintiff had wanted to purchase the land and the site plan filed was not as per existing position and the plaintiffs had no property adjacent to the house of the defendants and the entire property was exclusively owned and possessed by defendant No.3 in pursuance of the family settlement dated 01.07.2003. A civil suit regarding the property of defendant No.3 and his brother, Arjun Singh in Village Gugaheri and Katwal was pending in the Court of Addl.Civil Judge (Sr.Divn.), Gohana and both the parties to the suit have given statements regarding the exchange and that the plaintiffs had no concern with the suit property which was exclusively owned and possessed by the defendants and the plaintiffs wanted to take unlawful possession of property which they wanted to purchase. The wall in dispute was exclusively owned and possessed by the defendants.
(3.) IN replication , the plaintiffs denied the family settlement and claimed that Ranbir Singh was the owner of the property and there was a dispute between Arjun Singh and Ranbir Singh regarding the plot situated at Village Katwal and Gugaheri and the suit property came to Ranbir Singh and Ranbir Singh sold the property to the plaintiff and his brother, Naresh Kumar on 05.05.1998 and the defendants had no concern with the property.;