Amol Rattan Singh, J. - (1.) This appeal has been filed by the defendants in a suit filed by the respondents No.2 and 3 herein, i.e. the plaintiffs (hereinafter to the referred to as the plaintiffs), seeking permanent injunction restraining the defendants from raising construction over more than their share of the suit land, or from interfering/dispossessing the plaintiffs from their share. The suit was dismissed by the learned Civil Judge (Junior Division), Mahendergarh, vide his judgment and decree dated 30.11.2013, but the appeal filed by the plaintiffs was allowed by the learned District Judge, Narnaul. Hence, the present appeal against the said judgment and decree dated 17.11.2015, of the learned District Judge.
(2.) As per the suit filed by the two plaintiffs (with the facts being taken from the judgment of the learned Civil Judge), the plaintiffs and proforma defendants No.8 and 9 (respondents No.3 and 4 herein), are co-sharers to the extent of a half share of agricultural land falling in Khewat No.2, Kitta No.13, measuring 55 kanals and 11 marlas, in village Jasawas, as per the 'jamabandi' (record of rights) for the year 2003-04. Partition proceedings had been initiated by the plaintiffs in respect of the said land, before the Assistant Collector Ist Grade, wherein the defendants (present appellants) were the respondents. It was further submitted by the plaintiffs in the suit, that the defendants were constructing over a part of the suit land, adjoining the 'phirni' (Rasta/way), without the partition being effected and despite requests to the contrary, that no construction should be raised, they were continuing to do so necessitating the institution of the suit.
(3.) Upon notice to them, defendants No. 1 to 3, 5 and 6 (presently appellants No. 1 to 3, 5 and 6) filed a written statement taking preliminary objections qua maintainability of the suit, locus standi etc., further contending on merits that the suit land had actually already been partitioned vide two different Likhtam (writings) dated 08.04.1983 and 27.05.1988, after which all the parties came into possession of their specific holdings, wherein the contesting defendants received a specific 'mustatil' and killa No. 19//18, measuring 5 kanal 9 marlas and killa no. 19//23 measuring 3 kanal 11 marlas land, thus totalling 9 kanals 0 marla. Upon that land they had got constructed a 'pucca' house, in which they were residing, in their specific shares. Hence, it was contended that there was nothing further left to be partitioned and consequently, dismissal of the suit was prayed for.;