RAM CHANDER Vs. DURGA RICE MILLS

JUDGEMENT

(1.) PLAINTIFF Ram Chander who was successful in the trial Court but has been non-suited by the lower appellate Court has filed this second appeal.

(2.) PLAINTIFF-appellant filed suit against defendant-respondent M/s. Durga Rice Mills alleging that plaintiff has 6/795 share in 39 kanals 15 marlas suit land whereas defendant-respondent is owner of the remaining share. However, revenue entries since jamabandi for 1989-90 onwards did not depict the aforesaid share of the plaintiff in the suit land but now farad badar for correction of jamabandi to depict the aforesaid share of the plaintiff in the suit land has been prepared. Accordingly the plaintiff sought declaration that he is owner in possession of 6/795 share in the suit land and entries in jamabandis since 1989-90 onward are wrong RSA NO.1994 OF 2012 -2- for not depicting aforesaid share of the plaintiff. PLAINTIFF also sought partition of the suit land.

(3.) LEARNED Additional Civil Judge (Senior Division), Kaithal vide judgment and decree dated 17.02.2010 decreed the plaintiff's suit and passed preliminary decree of partition. However, first appeal preferred by defendant has been allowed by learned District Judge, Kaithal vide judgment and decree dated 03.04.2012 and thereby suit of the plaintiff stands dismissed. Feeling aggrieved, plaintiff has filed this second appeal. I have heard learned Counsel for the appellant and perused the case file.