NATHOO LODHI Vs. BHARA

JUDGEMENT

(1.) THE plaintiff has filed this appeal challenging the judgment and decree by the Courts below by which the suit of appellant has been dismissed on the ground that there was previous partition between the parties and the present suit filed for the partition is not maintainable.

(2.) THIS appeal was admitted for hearing on 29.7.2002 on the following substantial question of law :

(3.) THE defendants-respondents contested the case on the ground that the disputed garden belonged to the defendants. This property fell in the share of Jaggoo at the time of partition 50 years back from the date of filing of the suit.