BALAK RAM Vs. SARLA DEVI

JUDGEMENT

(1.) THE defendants 1 and 2 are in second appeal in which they have assailed judgment, decree dated 01.07.2000 passed by learned District Judge, Shimla , in Civil Appeal No. 2-S/13 of 1998 affirming judgment, decree dated 29.11.1997 passed by learned Sub Judge (3), Shimla , in case No. 246/1 of 1996/1990.

(2.) THE facts, in brief, are that Med Ram, predecessor-in- interest of respondents 1(a), 1(b) had filed a suit for declaration that suit land described in the plaint was jointly owned by him and appellants, so also proforma respondents 2, 3. THE share of Med Ram in the suit land was 1/4th and the share of appellants was 1/4th. THE remaining half share belonged to proforma respondents 2 and 3. He had prayed a decree of joint possession in his favour and against appellants. He approached appellants for separation of his share by way of partition, but they refused.

(3.) THE proforma respondent No.3 supported the case of appellants that the partition had already taken place and the suit land had fallen to the shares of appellants. Proforma respondent No.4 took the plea that he was also a co-sharer in the suit land and that the determination of the share of Med Ram was subject to the share of proforma respondent No.4 in the suit land.