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2009 Supreme(P&H) 1899

SABINA
Layak Ram – Appellant
Versus
Dharamwati – Respondent


Judgment

1. Vide this judgment, RSA Nos. 3469 and 3470 of 2002 would be disposed of as these have arisen out of same civil suit.

2. Plaintiff Layak Ram filed a suit for declaration with consequential relief of perpetual injunction, which was decreed by the Civil Judge (Sr. Divn.), Gurgaon vide judgment and decree dated 21.2.2000. Aggrieved by the same defendants Nos. 1 to 4 filed Civil Appeal No. 30 of 23.3.2000 and defendant Nos. 5 and 6 filed Civil Appeal No. 41 of 28.3.2001. Both the said appeals were allowed by the Additional District Judge, Gurgaon vide judgment and decree dated 16.4.2002 and the suit of the plaintiff was dismissed with costs. Hence, the present appeals by the plaintiff.

3. Brief facts of the case, as noticed by the lower appellate Court in para Nos. 8 to 10 of its judgment, are as under :

"8. Suit of the plaintiff-Layak Ram is that 1/2 share of total land measuring 48 Bighas 19 Biswas fully described in para No.l of the plaint was owned and possessed by his father Ramla, which was ancestral joint Hindu family coparcenary property. Ramla died in 1977 leaving behind plaintiff-Layak Ram, his only son, Smt. Phoolwati his widow and daughter Smt. Daulti defendant No













































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