ANGREJ SINGH Vs. JHANDU ALIAS JHANDI ALIAS MIADI

JUDGEMENT

(1.) This is defendants Regular Second Appeal challenging the judgment and decrees of the Courts below whereby suit of the plaintiff respondents for separate possession of 3/5th share of Gair Mumkin Abadi land measuring 0 kanal 11 marlas comprising in Khasra No.197//132/1 (0-11) situated at village Bagha, Tehsil Talwandi Sabo, District Bathinda, by way of partition of the land in dispute, has been decreed by passing a preliminary decree.

(2.) Briefly stated, the facts of the case are that the plaintiff respondents filed the present suit for partition of the suit land on the ground that they were co-sharers and were in joint possession. It was further submitted that they had 3/5th share in the suit land and the property being joint, they were unable to make full use of their land. The defendant appellants refused to partition the suit land, hence this suit.

(3.) Upon notice, defendant-appellants appeared and contested the suit raising various preliminary objections including that the defendant appellants have become owners of the suit land measuring 11 marlas by way of adverse possession. On merits, it was further stated that the plaintiff-respondents were neither the owners nor in possession of any portion of the suit land, and the revenue record was liable to be corrected as the defendants had become owners by way of adverse possession. Dismissal of the suit was prayed for.