BALVINDER KAUR Vs. AMRIK SINGH

JUDGEMENT

(1.) The present Regular Second Appeal has been filed by the plaintiffs- appellants challenging the judgment and decree dtd. 12/12/1998 passed by the learned Additional District Judge, Jagadhri whereby the judgment and decree dtd. 5/11/1996 passed by the learned Civil Judge (Junior Division), Jagadhri decreeing the suit of the plaintiffs for partition, was set aside and the suit was dismissed.

(2.) The facts in brief are that Uttam Singh, owner of the house in dispute situated in Chhachhrauli, District Yamuna Nagar, expired leaving behind his legal heirs, namely his sons Jaswant Singh, Amrik Singh, Dhanwant Singh and his daughters, besides the present plaintiffs being legal representatives of deceased Jaswant Singh. The plaintiffs' case was that the suit property continued to be joint and had never been partitioned. It was further pleaded that they were in possession of specific portions as shown in the site plan and that defendants had refused to effect partition and were threatening to alienate the property, thus necessitating the suit.

(3.) The defendants admitted that plaintiffs were LRs of Jaswant Singh, but denied that they had any share in the property. They alleged that Jaswant Singh had been separated in the lifetime of Uttam Singh and was living separately since his marriage in 1982, and therefore, neither he nor his heirs had any right in the house.