SANT RAM Vs. AMIN CHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Addl.District Judge, Kangra at Dharamshala whereby he has set-aside the judgment and decree passed by learned Sub Judge Ist Class (II), Kangra and has remanded the case to the trial Court.

(2.) THE brief facts relevant for decision of the case are that according to the plaintiffs the suit land is jointly held by both the parties and the order of partition passed by the Assistant Collector Ist Grade, Kangra dated 21.6.1990 which was upheld by the Collector as well as by the Divisional Commissioner, Kangra is illegal and liable to be set-aside. It was prayed that the parties are in the joint possession and in the alternative possession was prayed for.

(3.) THE defendants 1&2 contested the suit on various grounds. It was stated that Rasila was in fact the son of Smt.Roopa and further it was stated that the land was rightly entered as banjar kadeem. According to the defendants the land was not abadi land and, therefore, submitted that the orders passed in partition proceedings are correct.