BALBIR KAUR Vs. DALJIT KAUR RAI

JUDGEMENT

(1.) Defendant of the case is before this Court against the concurrent findings of the Courts below in the present Regular Second Appeal.

(2.) Plaintiffs Daljit Kaur and others (respondents herein) filed the suit seeking separate possession by way of partition by metes and bounds of their % share in the suit property measuring 17 marlas comprised in Khata No.139/1787 Khasra Nos.33//26 situated at Banga, Tehsil Banga, Distt. SBS Nagar. Plaintiffs claimed to be co-sharer in the suit property to the extent of 1/2 share and sought partition thereof so as to enjoy full fruits of their share.

(3.) Assailing the abovesaid concurrent findings, though learned counsel for the appellant-defendant does not dispute the joint nature of the suit property and the fact that plaintiffs have 1/2 share therein, but the sole submission made by ld. counsel is that property in dispute was a Gair Mumkin Chah i.e. well and so it is impartible in view of Sec. 112 of the Act. Learned counsel has referred to Harbans Kaur Vs. Gurbax Singh and others, 2016 SCC OnLine P&H 11646.