KULBIR SINGH Vs. HARDISH KAUR AND OTHERS

JUDGEMENT

(1.) CM-7897-C-2015 In view of the grounds mentioned in the application, delay of 29 days in refiling the appeal is condoned. C.M. stands disposed of.

(2.) Precisely, the facts which need elaboration are that by way of the instant suit the appellant sought declaration that he alongwith his brothers namely, Amrik Singh, Rajinder Singh and Narinder Singh are owners-in-possession of land measuring 36 Kanals 0 Marla out of total land measuring 178 Kanals 5 Marlas (detail of which was given in the head note of the plaint) on the basis of a family partition/settlement dated 02.08.1989, situated in the revenue area of village Mallian, Hadbast No.35, Tehsil Dasuya, District Hoshiarpur. As a consequential relief, a prayer was made for an injunctive order restraining the respondents from interfering in their peaceful cultivating/exclusive possession of Khasra No.7R/5(8-0),6(8- 0),15M9(2-0), and 8R/1(8-0), 10(8-0), 11M(2-0) total land measuring 36 Kanals 0 Marla.

(3.) Respondents No.1,3 and 5 appeared and contested the suit raising objections with regard to maintainability of suit, cause of action and concealment of true and material facts by the appellant. Replying on merits, they denied that any family partition had taken place between the parties. The order passed by Naib Tehsildar was alleged to be wrong. Similar stand was taken by respondents No.14 and 15 whereas respondents No.2,4 and 12 admitted the family partition.