AMRIK SINGH Vs. DALJINDER SINGH

JUDGEMENT

(1.) The application is allowed as prayed for. C.M.Nos.11615-C & 11616-C of 2009 and R.S.A.No.3797 of 2009 This Regular Second Appeal is directed against the judgments and decrees dated 19.8.2008 and 8.5.2009 passed respectively by the Additional Civil Judge (Senior Division), Fatehgarh Sahib (hereinafter described as `the trial Court') and the Additional District Judge, Fatehgarh Sahib (referred to hereinafter as `the first appellate Court'). Since it is barred by limitation, C.M.No.11615-C of 2009 has been moved for condonation of 65 days' delay in its filing, whereas C.M.No.11616-C of 2009 has been filed for staying the operation of the impugned judgments during the pendency of .... the appeal.

(2.) The plaintiffs-respondent nos. 1 to 3 filed a suit against the defendants -appellants and proforma respondent nos.4 & 5 for separate possession by way of partition of the land measuring 13 marlas comprised in Khewat No.261, Khatoni No.350, Khasra No.99, situated in village Mansoorpur, Tehsil Khamanon, District Fatehgarh Sahib. The property in question pertains to the estate of one Surjit Singh alias Surjan Singh after whose death it was inherited by his three sons, namely, Mewa Singh, Sadhu Singh and Nasib Singh in equal shares. Thereafter, the suit property was inherited by the plaintiffs and defendants being the sons of Mewa Singh, Sadhu Singh and Nasib Singh and are co- sharers therein.

(3.) It was alleged by the plaintiffs that the suit property had not been partitioned and since the defendants had refused to partition the same, they were constrained to the file the suit. Upon notice, the defendants appeared and filed written statement contesting the suit. They had pleaded that the property in question had already been partitioned in the year 1972 between the father of plaintiff nos. 1 & 2 and husband of plaintiff no.3, namely, Mewa Singh and Nasib Singh & Sadhu Singh sons of Surjan Singh. The oral partition was effected between the parties and the possession thereof was transferred in the year 1972 itself and thereafter they were in settled possession of the same. The disputed property which is comprised in khasra no.99 (measuring 13 marlas) was given to Nasib Singh and he had constructed a house thereon. ....