JANKU Vs. NAGNOO

JUDGEMENT

(1.) JUDGMENT:- Aggrieved from the judgment and decree dated 8-6-1972 passed by the Addl. District Judge, Mandi, the plaintiff appellants have preferred this appeal.

(2.) Briefly, the facts are that the appellants (hereinafter the plaintiffs) filed a suit for declaration to the effect that they were the owners of half share in the suit land measuring 76-2-7 bighas situate in Mauza Neri (fully detailed in the plaint) which was liable to be partitioned in accordance with the shares of the parties. It was alleged by the plaintiffs that they had applied for partition of the land to the revenue authorities but upon the objections of the respondents (hereinafter the defendants) their application for partition was disallowed on 7-11-1967 (Ex.PA) and the parties were directed to get the question of title decided through a civil Court. In these circumstances, this suit was filed in the Court of Sub Judge Sundernagar on 10-5-1968.

(3.) The defendants contested the suit and claimed that there had been a family partition between the parties about 47 years back, and the parties were in separate possession of their respective shares. The right of the plaintiffs to get the disputed land partitioned was denied.