AFZAL Vs. REHMAN KHAN AND ORS.

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 4.3.2002 rendered by the Addl. District Judge, Sirmaur District at Nahan in Civil Appeal No. 60 -N/13 of 2001.

(2.) "Key facts" necessary for the adjudication of this appeal are that predecessor -in -interest of respondents No. 1 -a to 1 -g, Sh. Rehman Khan (hereinafter referred to as the "plaintiff" for convenience sake) instituted a suit for partition against the predecessor -in -interest of the appellants i.e. defendant No. 1 Mohd. Afzal, respondent -defendant No. 2 Mohd. Aslam and respondent -defendant No. 3 Sehnaz Begum. According to the plaintiff, property comprised in Khewat Khatauni No. 293 min/541, Khasra Nos. 129, 130, 132 to 135 and 3509/136 measuring 169 -20 square meters situated in Amarpur Mohalla of Nahan Town, District Sirmaur is co -owned and jointly possessed by the parties. The same has not been partitioned so far. Plaintiff was working as Driver at Dharampur. When he came on 20.5.2000 to Nahan, he found that some pillars were raised on the valuable property abutting Nahan -Shimla road. These pillars were raised by defendant No. 1 Mohd. Afzal. He prayed for preliminary decree of partition.

(3.) PLAINTIFF filed replication. Issues were framed by the Senior Sub Judge on 13.7.2000. He dismissed the suit on 24.3.2001. Plaintiff filed an appeal before the Additional District Judge, Sirmaur. He decreed the suit on 4.3.2002. Hence, the present appeal. It was admitted on the following substantial questions of law: