KHALIL AND ORS. Vs. MEENA AND ORS.

JUDGEMENT

(1.) This regular second appeal stands filed under the provisions of Sec. 100 of the Code of Civil Procedure.

(2.) Plaintiff (appellant herein) filed a suit for declaration and injunction against the defendants (respondents herein). Declaration was sought to the effect that plaintiff, as owner, is in possession of the suit land. Defendant resisted the same inter alia on the ground that the question of title stood raised by the plaintiff in the proceedings for partition before the Assistant Collector 1st Grade. As on the date of filing of the suit, appeal against the said order was pending before the higher authority.

(3.) Based on respective pleadings of the parties, trial Court framed the following issues: - -