HANS RAJ Vs. JAGDISH CHANDER

JUDGEMENT

(1.) MR. S.C. Khunger, the learned counsel appearing for the appellant states that although he had purchased the specific khasra number on the basis of partition proceedings upheld by a decree of the civil Court but the aforesaid decree was subsequently set aside by the civil Court in a suit filed by one of the cosharers. On the basis of the aforesaid fact, although the sale in favour of the appellant has been upheld by the learned first Appellate Court but it has been held that he would be entitled to only a share in the suit property. The learned counsel states that since after the sale, the appellant has become a co-sharer in the suit property, therefore, he will take up the issue of protection of his possession of specific khasra number before the appropriate authorities in partition proceedings and that the present appeal may be disposed of as having been not pressed. MR. Amit Jain, the learned counsel appearing for the defendantrespondent has no objection to the aforesaid limited prayer of the appellant being allowed subject to his proving the factum of his possession before the Partitioning Authority.

(2.) IN view of the aforesaid agreement between the learned counsel for the parties, the present appeal is disposed of as not pressed with a liberty to the appellant to take up the question of his being entitlement to specific khasra number in partition proceedings before the appropriate authority by further proving the fact that he is in actual possession of any specific khasra number. If any such plea is raised by the appellant before the Partitioning Authority then the same shall be decided in accordance with law subject to the right of the remaining co-sharers to take such objections which are available to them in accordance with law. The Regular Second Appeal stands disposed of.