AMRIT LAL AND OTHERS Vs. CHARANJIT LAL

JUDGEMENT

(1.) Amrit Lal and others defendants/appellants have directed the present regular second appeal against the judgment and decree dated 19.3.2010 passed by Shri Deepak Aggarwal, learned Additional District Judge, Jind vide which the appeal preferred by the present appellants against the judgment and decree dated 11.1.2008 passed by Shri Sanjay Kumar Khanduja, learned Additional Civil Judge ( Senior Division ), JindRSA No. 2744 of 2010 2 decreeing the suit of the plaintiff, was dismissed.

(2.) The brief facts of the present case are that plaintiff filed the present suit for partition against the defendants alleging that plaintiff and Smt. Laxmi Devi had become owners in possession in equal shares of a shop, as fully detailed and described in the head note of the plaint, by way of family settlement confirmed vide judgment and decree dated 18.9.1975 passed in a civil suit No. 205 of 5.8.1975. However, Smt. Laxmi Devi expired on 5.10.2002 and the defendants being her legal heirs, inherited her half share in the shop in dispute and therefore the parties are owners in possession in equal shares of the shop in dispute. It has been further averred that there remains dispute about the user of the shop in dispute between the parties. The plaintiff requested the defendants several times to get the shop in dispute partitioned by metes and bounds but they did not accede to his request. Hence the suit.

(3.) Notice of the suit was served upon defendant, who appeared and filed their joint written statement controverting the case of the plaintiff, in which few preliminary objections have been taken to the effect that the suit is bad for non-joinder of necessary parties and the plaintiff has no cause of action and locus standi to file the present suit.