PRIT SINGH Vs. SUDHAN SINGH

JUDGEMENT

(1.) The plaintiff has filed a suit for partition. It is stated in the plaint that the plaintiff is a son of Shri Sudhan Singh, defendant No.1 and is a member of the coparcenery. There is stated to be a residential plot at Maidan Garhi where the parties are residing. The total land is stated to be measuring 43 bighas and 6 biswas in Village Maidan Garhi. The plaintiff claims 1/6th share in the property and with that allegation the partition suit has been filed.

(2.) The plaintiff did not file any documents in support of the plaint nor produced any evidence in respect thereof. The plaintiff has only filed his affidavit in examination-in-chief whereby what is stated in the plaint has been reiterated. The defendants were earlier appearing in the matter and filed written statement but thereafter failed to appear and were proceeded ex parte. The suit was thus set down for final hearing.

(3.) In a partition suit, the plaintiff was, in my considered view, required to file either proper title documents or certified copies of revenue records to show the nature and character of the land. The plaintiff has failed to do so.