LEKHRAJ SINGH Vs. RAM DAS SINGH

JUDGEMENT

(1.) The present second appeal has been filed by the Defendant arising out of judgment and decree of the Court below in a partition suit. The suit was filed for division of plot No. 945 (area 68 decimal) situated in village Dilari, Pargana Thakurdwara, district Moradabad. The plot was Bhumidhari tenure of the parties. During consolidation proceedings an application was made by Defendant Chhattar Singh and Plaintiff Komal Singh for permitting them to make constructions and use the disputed land for Abadi purposes. That permission was granted by the Settlement Officer (Consolidation) on 14 -6 -1966. It is Ex. 6 on record. That permission shows that it was subject to rights of third person if any, involved in the land. Thereafter it appears that land was being used for Abadi purposes and a portion of it was also being cultivated. Komal Singh filed a suit against Lekhraj Singh and Chhattar Singh for separation of his 1/3rd share over the plot in dispute. The suit was filed in the Court of Munsif Moradabad. It was mentioned in the plaint that this plot was earlier Bhumidhari property of the parties. During consolidation operations the houses were constructed under the permission of the Settlement Officer (Consolidation) and it was made a Chak of Abadi in the name of all the sharers. It was claimed that over a portion of that land sugarcane was also grown and the shares of the parties in the produce of the sugarcane as well as over the land were joint. A division by meats and bounds was sought.

(2.) Written statement was filed by Lekhraj Singh. Lekhraj Singh took an objection that the Civil Court had no jurisdiction as the disputed property was Bhumidhari property and also under cultivation. The objection has been overruled by both the Courts below.

(3.) Admittedly the share of the parties was l/3rd and the permission was granted to Plaintiff Komal Singh and Defendant Chhattar Singh for using the land for construction of buildings.