SURJIT SINGH Vs. VARINDER SINGH

JUDGEMENT

(1.) THE petitioners have invoked the jurisdiction of this Court under Article 227 of the Constitution of India to challenge the order dated 15.2.2008 passed by the learned Additional Civil Judge (Sr. Divn.), Ludhiana whereby the application moved by the petitioners to lead additional evidence was ordered to be dismissed.

(2.) THE petitioners filed a suit for partition regarding land measuring 3K-14M on the allegation that the suit land was jointly owned by their predecessor Bhagwant Singh, the predecessor of defendants No. 1 to 8, Prem Singh and defendant No. 9 Charan Singh. They claimed that they have got 1/4th share in the land in dispute. The defendants No. 1 to 8 were owners to the extent of 1/4th share and the remaining 1/2 share was owned by defendant No. 9 Charan Singh.

(3.) HOWEVER , defendants No. 1 to 8 contested the suit on the allegations that the aforesaid persons and Sham Singh were partners in a firm known as Bhodey Electric Engineering Company, Ahluwalia Street, Miller Ganj, Ludhiana. The property in dispute was acquired by the said firm. Lateron two more persons were inducted as partners in the said firm. Ultimately the said firm was dissolved vide dissolution deed dated 18.5.1966. As per the said dissolution deed the property in question, which was the property of the partnership firm, was given to Prem Singh and Sohan Singh the retiring partners and since then Prem Singh and Sohan Singh remained in possession of the land in dispute as absolute owners thereof. It was also the case set up that Prem Singh expired on 30.10.1983, who is said to have executed a legal and valid Will dated 14.1.1990 bequeathing his moveable and immovable properties in favour of defendant No. 1. Thus, defendant No. 1 has become owner to the extent of 3/4th share in the land in dispute and that plaintiffs have been left with no right, title or interest in the land in dispute.