KHALILUL REHMAN, RETIRED P.T.I. SON OF LATE SH. ABDUL RAHIM, RESIDENT OF MOHALLA HARIPUR, NAHAN, DISTRICT SIRMAUR, H.P. AND ORS. Vs. SH. ASHRAF ALI SON OF SH. ABDUL REHMAN AND ORS.

JUDGEMENT

(1.)

(2.) THIS Regular Second Appeal is directed against the judgment and decree dated 15.1.2003 rendered by the learned District Judge, Sirmaur District at Nahan in Civil Appeal No.104 -CA/13 of 2001. Material facts necessary for the adjudication of this Regular Second Appeal are that the respondents -plaintiffs (hereinafter referred to as the 'plaintiffs' for convenience sake) filed a civil suit No.125/1 of 1987 for partition. The preliminary decree for partition of suit property comprised in Khasra Nos. 1186, 1167, 1169, 1174, 1179, 1180, 1181 to 1185, 1170, 1176, 1180/1, 1188, 1175, 1165, 1168, 1172, 1173 and 1187 measuring 522.81 square meters situated in Muhal Haripur, Nahan was passed. Plaintiffs preferred an appeal before the learned District Judge, Sirmaur District at Nahan. Learned District Judge vide judgment and decree dated 12.4.1996 modified the judgment and decree whereby the shares of each co sharers have been defined as under:

(3.) MR . Karan Singh Kanwar, on the basis of the substantial questions of law framed, has vehemently argued that both the courts below have wrongly placed reliance on the report of the Local Commissioners, Sh. Fagu Ram and R.S. Chandel dated 12/13.7.2001. According to him, the constructed portion could not be handed over to the plaintiffs.