BALWINDER SINGH Vs. PREM SINGH

JUDGEMENT

(1.) THE defendants having remained concurrently unsuccessful before both the Courts below have approached this court through the present Regular Second Appeal.

(2.) THE plaintiffs filed a suit for declaration to the effect that they along with the defendants are joint owners in equal shares with regard to the land in dispute. The details of the shares of the plaintiffs as well as the defendants were mentioned in the plaint. It was further claimed that the plaintiffs were entitled to get their half share separated by way of partition, by the revenue authorities and the order of Tehsildar, Zira exercising the powers of Assistant Collector, 1 Class dated April 26, 1984 holding that the land of the parties were partitioned, was illegal and void.

(3.) THE learned trial Court on the basis of the revenue record and other evidence available on the record found that the defendants had failed to substantiate their plea that there had been a private partition between the parties. It was held that the land had remained joint between the parties and, accordingly, the plaintiffs were entitled to seek partition. Consequently, the plaintiffs were declared to be co-sharers of the suit land along with the defendants and it was held that they were entitled to get the partition of the suit land in accordance with their share. The order of Assistant Collector 1 Class dated April 26, 1984 holding that the land of the parties had been privately partitioned was consequently declared to be illegal and void. The learned trial Court, however, found that at the time of partition, the plaintiffs would pay an amount of Rs. 50,000/- as compensation to the defendants.