DHARAM SINGH AND ORS Vs. SURESH AND ORS

JUDGEMENT

(1.) This is second appeal by defendants No. 17 to 22 who have been unsuccessful in both the courts below.

(2.) Suresh respondent No. 1 filed suit against appellants and respondents No. 2 to 16 for partition of suit property comprised of plots No. 1041/1 and 1042/2 situated in abadi deh of village Nilothi alleging that in some earlier partition suit regarding abadi deh of the village, the aforesaid plots were allotted to Munshi and his brother Risala and they became co-sharers in possession of the suit plots in equal shares. Plaintiff claimed to have purchased half share of Munshi in suit plots vide registered sale deed dated 30.3.1993. Accordingly, plaintiff claiming himself to be co-sharer in the suit plots to the extent of half share sought partition of the suit plots.

(3.) Defendants No. 17 to 22 admitted that in the partition of abadi deh of the village, suit plots were allotted to Munshi and Risala. However, defendants No. 17 to 22 pleaded that they are in adverse possession of the suit plots and have become owners thereof by adverse possession. It was also pleaded that decree regarding partition of abadi deh of the village was never executed.