GARIB DASS Vs. BIJU

JUDGEMENT

(1.) This petition is directed against judgement dated 5.6.2012 passed by learned District Judge, Kinnaur Civil Division, at Rampur Bushahr in Civil Misc. Application No. 1 of 2012 affirming the order dated 14.3.2012 passed by learned Civil Judge (Junior Division) Rampur Bushahr in case No. 62-1 of 2011 in CMP No. 48-6 of 2012.

(2.) The facts in brief are that petitioner has filed a suit for declaration and injunction against the respondents and others that he and his two brothers had inherited the landed property from their father Azeem Ulla, who constituted Hindu Joint Family. In April 1969 the petitioner and his two brothers entered into a family settlement and in such family settlement land comprised in specific khasra numbers had been allotted to each brother according to their convenience. After the settlement, the area so allotted in family settlement had been coming in their possession since then. The petitioner has developed the share, which came to him in family settlement and planted an apple orchard. The land comprised in khasra Nos. 31, 35, 41, 42, 44, 45, 46, 47, 48, 49, 50 and 55, kitas 12, measuring 01-20-51 hectares as per jamabandi for the year 2003-04 has been developed by the petitioner since the year 1969. The petitioner is exclusively enjoying this land which came to him in family settlement.

(3.) Biju son of Paras Ram had sold his half share to respondent No. 3 vide sale deed No. 208/2007. The respondent No. 3 filed an application for partition of the land before Assistant Collector Ist Grade, Kumarsain (for short, Assistant Collector). The petitioner in partition case raised specific plea that land has already been partitioned in the year 1969, there is question of title, therefore, land again cannot be partitioned. In any case, respondent No. 3 could claim an area out of land comprised in khasra Nos. 14, 27 and 58 measuring 00-98-54 hectares, which is recorded in possession of Biju after the settlement.