ROOP CHAND Vs. MURTI

JUDGEMENT

(1.) This appeal has been filed against the judgment of the lower appellate Court reversing that of the trial Court and thereby decreeing the suit of the plaintiffs/respondents No. 1 and 2 to the effect that a partition order passed by the Assistant Collector First Grade has been declared to be illegal and null and void. However, further relief of permanent injunction restraining the appellants from raising construction or changing the nature of the suit land has been declined on the ground that both the parties have constructed their houses in the property in dispute. It may be mentioned here that the primary reason which weighed with the lower appellate Court to set aside the partition order passed by the Assistant Collector First Grade was the fact that admittedly the houses of the parties were existing in the land in dispute.

(2.) The following questions of law have been proposed:-