NARENDRA SINGH Vs. MEGHRAJ

JUDGEMENT

(1.) The present dispute pertains to agricultural land situated at Mauja Saliyar Salhapur, Pargana Bhagwanpur, Tehsil Roorkee, District Haridwar. Upon the demise of Shri Deshraj, the recorded co-owners of the property, as reflected in the revenue records, became his legal heirs namely, petitioner No. 1, Narendra Singh; respondent No. 1, Meghraj; and respondent No. 2, Ravindra Singh. The property continued to be jointly recorded in their names, without any demarcation or partition by metes and bounds.

(2.) Narendra Singh, claiming that he and Ravindra Singh each had a 1/4th share and that Meghraj had a 1/2 share, filed a partition suit under Sec. 176 of the U.P. Zamindari Abolition and Land Reforms Act. The partition suit in the present case was instituted under Sec. 176 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 which provides that a bhumidar or asami having a share in a holding may sue for the division of his share. Sec. 176 confers a statutory right upon co-tenure holders to demand partition by metes and bounds, regardless of whether the property has been physically divided previously. The partition is mandatory if sought, unless prohibited by any specific statutory bar or legal impediment

(3.) Meghraj, in response, contended that an oral partition had already taken place in 1972, whereby khasra no. 332 fell to his exclusive share and other plots to the share of Deshraj. Despite this claim, it is admitted by Meghraj himself during cross-examination that the land continues to be jointly recorded and that such joint entry had never been objected to.