NARANJAN DASS Vs. NIRMAL DASS AND ORS.

JUDGEMENT

(1.) SUIT was filed by plaintiff respondent No. 1 -Nirmal Dass for partition of the land comprised in Khewat No. 6, Khatauni No. 18, Khasra No. 50/10(1 -10) and Khewat/Khatauni No. 23/22/1(4 -5) total measuring 5 kanals 16 marlas by metes and bounds. There is no dispute that this is a gair mumkin property over which construction has been raised. The suit land was originally the joint property in the ownership of Atma Ram and Dheera Ram sons of Chajju Ram. The parties to the suit are the heirs of Atma Ram and Dheera Ram aforesaid. According to plaintiff -respondent No. 1, the land in dispute had not been partitioned by metes and bounds. The suit was contested by defendant No. 1 -appellant and defendants No. 4, 5 and 8 on the plea that there was an oral family partition between the parties since long. Defendant No. 1 -appellant was in fact raising the new construction after demolishing the old structure over his property. Learned trial Court framed the following issues from pleadings of the parties: -

(2.) WHETHER the defendants are threatening to alienate the suit property and are also threatening to raise construction? OPP

(3.) WHETHER the suit of the plaintiff is not properly valued for the purpose of court fee? OPP (as amended on 6.10.2009).