HARPAL SINGH Vs. DHAN SINGH

JUDGEMENT

(1.) Defendants are in second appeal.

(2.) Plaintiff filed suit for possession by way of partition with the further relief of grant of decree of permanent injunction. The suit stands decreed by passing the preliminary decree by both the Courts below.

(3.) The counsel for the appellants has assailed the findings recorded by the Courts below raising two fold plea. He submits that it is a case of partial partition and thus the suit ought not have been decreed. Total land of joint holding in the khewat owned and possessed by the parties is 3 kanal 16 marlas. The present suit has been filed only with respect to 3 kanal 3 Marlas. 13 marlas of land has been left out. Further contention is that land measuring 3 kanal 3 marlas the subject matter of the present lis is impartible and cannot be partitioned.