MOHAN LAL Vs. SANDEEP KUMAR

JUDGEMENT

(1.) By this common order, the above captioned Regular Second Appeal and Civil Revision are being disposed of.

(2.) This is Regular Second Appeal against judgment and decree passed by the Additional Civil Judge (Senior Division), Samrala whereby suit of the plaintiff-Sandeep Kumar seeking partition of property bearing Nos. B.XII-3346, B.XII-3347, B.XII-3348 and B.XII-3348-A was decreed and a preliminary decree was passed for partition of the aforesaid property and delivery of 1/2 share therein to the plaintiff.

(3.) Case of the plaintiff-Sandeep Kumar, in brief, is that the land bearing khewat No. 679, khatoni No. 833, Rect. No. 105, killa No. 11/1/2 situated in the revenue estate of village Machhiwara, Tehsil Samrala, District Ludhiana as per jamabandi for the year 1991-92 was owned by Mohan Lal (appellant) and his brother Ram Murti in equal shares. This plot is situated on Gurudwara Charan Kanwal Road within the revenue limits of Nagar Panchayat of village Machhiwara, Tehsil Samrala, District Ludhiana. In the year 1995 under an oral family settlement between Mohan Lal and Ram Murti, suit land was partitioned and Mohan Lal got portion of the plot on eastern side measuring 42' x 88' and Ram Murti got the plot on western side measuring 45.5' x 88'. Both also raised construction over the plots which came to their shares.