LEKH RAM Vs. PRABHU DAYAL

JUDGEMENT

(1.) DEFENDANTS No. 6 to 8 are in appeal against the judgment and decree dated 5.8.1992 passed by Additional District Judge, Narnaul, whereby, judgement and decree dated 4.3.1991 passed by Sub Judge, Ist Class, Narnaul was set aside.

(2.) PLAINTIFF Prabhu Dayal and others filed suit for partition in respect of land situated within abadi shown in red colour in the site plan attached with the plaint. Plaintiffs alleged that the property was joint property of the parties and earlier it was owned and possessed by Ram Sukhi, widow of Nar Singh and was comprised in ahatas and ghar according to bandobast of 1947 B.A. of village Begpur. The suit land was inherited by the parties, being collaterals of Nar Singh, husband of Ram Sukhi. Ram Sukhi expired in the year 1975 BK and, thereafter, the property was inherited by the plaintiffs to the extent of 1/4th and defendants to the extent of 3/4th share. Since the joint property was not partitioned till date, the plaintiffs ventured to file the suit for partition after having failed to persuade the parties to separate their shares.

(3.) THE suit was contested by defendants No.6 and 7 by way of denying the averments of the plaintiffs. Case of the plaintiffs was denied on all material particulars and it was claimed that the plaintiffs had no concern with the suit land, rather defendants alleged that they were owner in possession of the land in question since the times of their fore -fathers.