RAMESHWAR DASS Vs. SARDHA RAM

JUDGEMENT

(1.) THIS is plaintiffs Regular Second Appeal against the judgment and decree of the Additional District Judge whereby judgment and decree of the trial Court was set aside and the suit of the plaintiff was dismissed.

(2.) BRIEFLY put, the plaintiff filed a suit for partition inter alia, pleading that the plaintiff and defendants are owners in equal shares of the residential house bearing No. XI-631 situated in Mohalla Dyalpura Karnal which was inherited by both of them in equal shares from their father Sh. Jhandu Ram; The house is still joint and has not been partitioned by meats and bounds.

(3.) ON the pleadings of the parties following issues were framed : (1) Whether the plaintiff is a co-sharer in the property in dispute? OPP. (2) If issue No. 1 is proved whether the plaintiff is entitled to the partition of the property in dispute? OPP. (3) Whether the plaintiff has got no locus standi to file and maintain the present suit? OPD. (4) Whether the suit is bad for mis-joinder and non-joinder of necessary parties? OPD. (5) Whether the plaintiff is estopped from filing the present suit by his own act and conduct? OPD. (6) Whether the suit is time barred? OPD. (7) Relief.