KHEMDI Vs. RAJNISH AND ORS.

JUDGEMENT

(1.) THIS Regular Second Appeal under the provisions, of Sec. 100 of the Code of Civil Procedure, filed by the defendant, stands admitted on the following substantial questions of law: - -

(2.) RESISTANCE on the part of the defendant led the trial Court to frame the following issues: -

(3.) WHILE adjudicating the aforesaid issues, dismissing the plaintiff's suit, vide judgment dated 26.08.2002, in Civil Suit No. 142/1996, titled as Rajneesh and another v/s. Khemdi, trial Court held: (i) the defendant's plea of the plaintiff having relinquished his share in the suit land, to be unproven on record; (ii) the plaintiff to have constructed his separate house on another cultivable land, also owned by the predecessor -in -interest of the parties; (iii) the plaintiff not to be in possession of the suit land; (iv) the suit land to be inadequately identified and described by the plaintiff; (v) Since suit property could not be partitioned in view of law laid down by this Court in Kewal Ram v/s. The Gram Panchayat Bhutti Through its Pradhan and others, : ILR (HP) 211, trial Court held that no injunction could be granted in favour of the plaintiffs.