RAWAT RAM Vs. HAVITA SHREE

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree passed by the learned Additional District Judge, Sirsa, dated 2. 4. 1997 dismissing the appeal preferred by the appellant-plaintiff.

(2.) DURING the course of hearing, the learned counsel appearing for the parties produced copies of relevant records. With the consent of the learned counsel for the parties, appeal was heard on merit.

(3.) THE suit was contested by defendant No. 11 who raised preliminary objections that the suit in the present form was not maintainable and the plaintiff has no right to challenge the partition. It was further pleaded that the suit is barred by the principles of res-judicata because a revision is already pending in the Court of Commissioner, Hissar. It was averred that instrument of partition was prepared on 19. 11. 1993 and as such the plaintiff has no cause of action. The defendant claimed to be entitled to possession of l/10th share as owner as the orders were in accordance with law, passed within the four corners of jurisdiction available to such Authorities and in the face of instrument aforestated prayer for dismissal of the suit was made. On the pleadings of the parties, the learned trial Court framed the following issues: