PREM SUKH Vs. SURAJ BHAN

JUDGEMENT

(1.) This is plaintiffs regular second appeal. Smt. Mishri Bai and Smt. Pista Devi filed a suit for partition for separate possession in respect of properties which the plaintiffs and defendants were jointly holding. Prem Sukh and Budhu Mal original defendants 3 and 4 accepted the claim for partition and pleaded that one half of the suit property falling to their share be partitioned accordingly. Bhikha Ram another defendant also admitted the plaintiffs claim as alleged and prayed that his l/6th share of the property be also partitioned. Subsequently, Prem Sukh, Budhu Mal and Bhikha Ram were permitted to be transposed as plaintiffs. The following pedigree table will give the relationship of the plaintiffs and the defendants: -

(2.) The suit was contested by Mool Chand -defendant. According to him plaintiff had no concern with the suit property whatsoever. He claimed exclusive ownership of the property on the plea that the same was acquired by him alone.

(3.) On the pleading of the parties the following issues were framed: -