KALYAN DASS Vs. SOM NATH

JUDGEMENT

(1.) This is defendant's appeal against whom preliminary decree for partition has been passed by the trial Court.

(2.) The plaintiff- respondent Som Nath filed the suit for possession by partition of properties Nos. 1 to 7 as detailed in the heading of the plaint, It was alleged that the aforesaid properties are jointly held by him and the defendants, the plaintiffs being owners of 1/2 share and defendant Nos. 1 to 6and the plaintiff being owner in 1/4th share and defendants Nos. 1 to 6 in 1/4th share defendants Nos. 7 to 9 in the remaining 1/2 share in property No. 7. In the written statement filed on behalf of the defendants, it was pleaded that the suit was bad for partial partition; for want of necessary parties. It was further pleaded that the plaintiff had sold out the property No. 7 during the pendency of the suit, and hence the defendants are prejudiced, and the purchasers of properties have not been brought on record. It was also pleaded that the shares of the parties have been wrongly stated in the plaint. On the pleadings of the parties, the trial Court framed the following issues:-

(3.) Under issue No. 1, the trial Court found that there is no other joint property of the parties except the suit property. Under issue No. 2 the trial Court found the respective shares of the parties. Finding under issue No. 3 was that only Khasra No. 2256 of property No. 6 is subject to partition by this Court. The other two Khasra Nos. i.e. No 2258 and 2259 where left out being agricultural land. Under issue No. 4 the trial Court found that this will be decided at the time of the passing of the final decree. In view of these findings on the substantial issues, the trial Court decreed the plaintiff's suit vide its judgment dated 13.12. 1976.