RAM RIKH Vs. KALU RAM

JUDGEMENT

(1.) This regular second appeal by the defendant/appellant is directed'against the judgment and decree dated 4.4.1987, passed by the learned Courts below, vide which the suit for declaration and partition of joint property, stands decreed.

(2.) The plaintiff/respondents filed a suit for declaration, pleading therein, that they were co-sharers in the land in dispute measuring 95 kanals 14 marlas with the defendant. The land in dispute is situated within the revenue estate of village Nainsukhpura, Tehsil Rewari, fully described in para No. 1 of the plaint. Declaration was also sought against the order passed by the learned Assistant Collector, 1st Grade, Rewari dated 1.4.1977, to be null and void and inoperative.

(3.) The learned Collector had dismissed the application of the plaintiff/respondents for partition as the question of title was said to be involved. The parties were directed to seek declaration regarding title from the Civil Court. It was also pleaded case of the plaintiff/respondents, that portion of the land was acquired by the Irrigation Department and the compensation for acquisition was paid to both the parties in equal shares. The plaintiffs prayed for partition on the ground, that they did not want to continue jointly with the defendant.