FAUJA SINGH Vs. PRITAM SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 16. 1. 1988 passed by the District Judge, by which the appeal filed by the plaintiff-appellant was dismissed and the judgment and decree passed by the Additional Senior Sub Judge on 7. 3. 1986 dismissing the suit of the plaintiff, was upheld.

(2.) PLAINTIFF filed a suit against the defendants for, separate possession of 1 kanal of abadi land out of land measuring 4 kanals 10 Marias situated in the revenue estate of Village Nangal Bihalan, Hadbast No. 226 Khataunies No. 38. 39,40 and 41 bearing Khasra Nos. 16r/5/4 min, 17r/1/12 min, 16r/5/4 min and 17r/j/1/2 min as entered in the jamabandi forthe year 1980 8) by partitioning the said land by metes and bounds. It was averred in the plaint that the plaintiff and defendants are the joint owners in joint possession of the land measuring 4 kanals 10 Marias; that most part of the suit land is under abadi and the remaining part is lying vacant and is not an agricultural land ; that the suit land is also not assessed to land revenue and plaintiff has got 20/90 share of the suit land, whereas defendant No. 1 has 4490th share and the share of defendant No. 2 is 26/90th ; that the plaintiff is in possession of the area which is much less than his share, whereas the defendants are in possession of the more area than their share and that the plaintiff is entitled to get his share in the suit land and therefore, he is entitled to get separate possession of his share of the suit land by partitioning by metes and bounds.

(3.) DEFENDANT No. 1 in his written statement controverted the plaintiff's allegations and alleged that the plaintiff was not in possession of any part of the suit land, therefore, the suit of the plaintiff was not maintainable in the present form. Defendant No. I filed separate written statement. He also controverted the plaintiff's allegations and, inter alia, alleged that the suit property has already been partitioned.