GITA RAM KALSY Vs. ARJAN SINGH KALSY

JUDGEMENT

(1.) THIS order dispose of application dated 28. 11. 1994 Under Section 152, 153-A read with Section 151 of the Civil Procedure Code, moved by respondent No. l (iii) for making necessary amendment/correction in the judgment and decree dated 19. 10. 1990 passed in Regular Second Appeal No. 2031 of 1978 and it has been averred by the applicant that the plaintiffs-appellants filed a suit for partition of joint area marked as 'a, B, C, D, E, F, G' shown red in the plan attached with the plaint after leaving appropriate portion for purposes of ingress and egress in the Haveli as passage through Deohri Kalan marked 'x' in the plan by metes and bounds. As per the admitted case of both the parties, residential houses of the family known as Haveli Nandpurian of which aforesaid 'a, B, C, D, E, F, G' is a portion already stood partitioned between five different branches of the family by virtue of two partition deeds dated 30. 8. 1892 and 23. 6. 1909. However, as per allegations made in the plaint, the plaintiff alleged that out of the said Haveli portion shown as 'x, Y, Z' were left joint between the parties and for which by way of the present suit the plaintiffs applied for partition thereof. The area shown as 'x' represents Deodi Kalan, 'y' represents a bathroom and 'z' represents a 12' wide strip of land.

(2.) THE said suit was contested on the ground that the portions 'y' and 'z' are in the exclusive possession of the defendants since 1892 as these portions fell to their share on the basis of the registered partition deed dated 30. 8. 1892. With regard to portion 'x' representing Deodi Kalan it was stated by the defendants that the same alone was to be partitioned without including the other joint properties of the parties situated at Ludhiana.

(3.) AGGRIEVED by the judgment dated 17. 9. 1975 the defendants filed an appeal and the plaintiffs filed cross-objections. Vide judgment dated 21. 9. 1978 Shri Amar Singh Gill, District Judge, Ludhiana set aside the judgment and decree of the trial Court by accepting the appeal of the defendants, and the suit filed by the plaintiffs was dismissed. The plaintiffs also filed cross-objections before the Court of Additional District Judge. Those cross-objections were naturally dismissed on account of the acceptance of the appeal of the defendants.