RAJ KUMAR Vs. HARDIT SINGH

JUDGEMENT

(1.) THIS is defendants' appeal against the judgment of the Courts below whereby the suit filed by the plaintiffs was decreed and appeal therefrom was dismissed by the Additional District Judge. The plaintiffs filed a suit for partition of the land claiming it to be Joint Hindu family property of Gurdit Singh etc. in which the share of the plaintiffs was 1/2 whereas the remaining 1/2 share was owned by Gurdit Singh etc. who sold the same to the defendants.

(2.) THE defendants put in appearance, filed written statement. It was pleaded by the defendant that the property was already partitioned between the plaintiff and Gurdit Singh from whom the defendants purchased and so the defendants are exclusive owners in possession of the land purchased by them. The defendants raised additional objections regarding cause of action, maintainability of the suit, estoppel, proper court fee etc.

(3.) ON the pleadings of the parties, following issues were framed :-