MEHTAB SINGH Vs. RAJPAL SINGH

JUDGEMENT

(1.) The facts are ; Mehtab Singh institutes a lawsuit under Sec. 176, ZA and LR Act for division of a holding in the court of Sub-Divisional Officer Khurja, Bulandshar. The pleading has set forth that he is co-bhumidhar tenant in possession of the land noted at the foot of the plaint. He claims his 1/2 share in the holding ; the rest 1/2 is defendant Rajpal Singh's. The plaint embodies a scheme for division of shares to allot to co-tenants. The relief to determine the share and dived the holding he prays the court for.

(2.) Soon enough on 15-12-1978 plaintiff Mehtab Singh moves an amendment application to delete the portion in his pleading as respects actual division of holding on the ground. He requested that shares be divided according to provision on the subject through qurras. On 29-1-1978 defendant Rajpal Singh files an objection against the amendment. The contention is that at the instance of near relations the qurras were incorporated and this had free consent of the parties. Their signature affirm their acceptance of division. On 19-1-1979 trial court has allowed the amendment. In consequence the portion in the pleading as to division by khasra numbers is scored out. On 3-2-1979 defendant Rajpal in a written statement is confessing that he is co-tenure holder and entitled to 1/2 share. However, he too files a scheme for division ; the same deleted by amendment.

(3.) Old pleadings of parties issues are formulated on 12-4-1979. On 5-11-1981 trial judge passes an or of preliminary decree ; Mehtab Singhs 1/2 and Rajpal Singh's 1/2 in the joint holding.