DALIP SINGH Vs. KAPOOR SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 21.2.1990 passed by the Additional District Judge, Patiala, whereby judgment and decree dated 2.11.1978 passed by the Subordinate Judge, IInd Class, Rajpura (C), was set aside and the suit of the plaintiff-respondent filed against the defendant-appellants for partition of the suit property was decreed and a preliminary decree for partition of the suit property was passed.

(2.) The dispute raised in the suit related to one 'Bara' shown by letters 'ABCD' in the site plan annexed with the plaint, situated in village Boota Singh Wala, Tehsil Rajpura, whose boundaries have been fully described in the head-note of the plaint. According to the stand of the plaintiff, trees of 'Shisham', 'Khajoor', 'Nasuhra' and 'Dake' had been in existence in the said 'Bara'. The plaintiff and defendants being brothers, jointly owned the suit property having 1/3rd share each. The plaintiff desired that the suit property should be partitioned and, accordingly, approached the defendants in this regard, but it has no effect on them. Forced by these circumstances, he filed the present suit seeking a decree for partition of the suit property against the defendants.

(3.) The defendants, in their joint written statement, did not dispute the relationship of plaintiff with them. At the same time, they refuted the stand of the plaintiff on the plea that the suit property was not joint property as the same had been partitioned since long and had fallen to their (defendants') share and from that time onwards they have been in its possession. The other pleas of estopped and non-maintainability of the suit were also raised by them.