RAM KISHORE Vs. JAI SINGH

JUDGEMENT

(1.) Vide impugned judgment dated May 20, 2008, CS(OS) 375/2001 has been dismissed on two reasons. The first reason is the finding return that the suit seeking partition of land in village Alipur was not maintainable in view of the decision of the Supreme Court reported as Hatti vs. Sunder Singh, 1970 2 SCC 841 The second reason is that no document was filed nor in the pleading any reference was made to a document of title in the name of the ancestor on whose death partition was prayed for.

(2.) Appellant Ram Kishore son of Jai Singh sought partition of five properties, delineated in site plans marked 'A' to 'E' annexed with the plaint, on the plea that the great grand-father of the plaintiff and the common ancestor of defendant No.1 to No.8 i.e. Mam Raj was the owner of the said properties. Defendant No.9 to No.16 were impleaded inasmuch as certain portions of the properties, of which partition was sought, had purchased the same from defendants No.1 to No.8.

(3.) It is pleaded in the plaint, as per para 8, that the total land, at different sites, as reflected in the plans marked 'A' to 'E', ad-measures 5849 sq.yds. In para 12, it is pleaded that the plot as per plan marked 'A' ad-measures 206 sq.yds. In para 13, it is pleaded that the plot as per plan marked 'B' ad-measures 408 sq.yds. In para 14, it is pleaded that the largest plot as per plan marked 'C' ad-measures 4530 sq.yds. In para 24 and para 25 it is pleaded that the plots ad-measuring 550 sq.yds and 200 sq.yds. are as per site plan marked 'D' and 'E'.