KEHAR SINGH Vs. ZILE SINGH

JUDGEMENT

(1.) ALLOWED as prayed for.

(2.) PLAINTIFF Kehar Singh, having been non-suited by both the courts below, has filed this second appeal.

(3.) PLAINTIFF's claim is that as Proprietor of Panna Kirnan of Village Khanda, he is owner in possession of the suit property situated within abadi deh. Defendants, in collusion with one another, filed Civil Suit No.87 dated 10.02.1995 titled Zile Singh etc. vs. Maidhan etc., in which the impugned preliminary and final decrees of partition were passed. The said decrees were obtained secretly without knowledge of the plaintiff and without considering his ownership and possession over the suit property. No munadi was effected in the previous suit, which had been filed under Order 1 Rule 8 of the Code of Civil Procedure (in short � CPC).