RAM CHAND Vs. ROSHAN LAL AND ANOTHER

JUDGEMENT

(1.) This Regular Second Appeal has been instituted against Judgment dated 4.5.2005 rendered by the learned District Judge, Hamirpur, Himachal Pradesh in Civil Appeal No. 88 of 2003.

(2.) "Key facts" necessary for the adjudication of the present appeal are that the respondent No.1-plaintiff (hereinafter referred to as 'plaintiff' for convenience sake) filed a suit for possession by way of partition in respect of house and cattle shed comprising Khata No. 24 min, Khatauni No. 51 min, Abadi Tika, Khasra No. 267 measuring 4 Kanal 17 Marla, situate in village Tiyan, Tappa Lagwalti, Tehsil and District Hamirur, HP, as per copy of Jamabandi for the year 1987-88. House existed on the suit land measuring 28x18 feet comprising two rooms double storeyed, slate- posh and a cow shed behind the house measuring 18x11 feet single room. It is averred in the plaint that the house in suit was jointly owned by the parties and plaintiff and defendant No. 2 had half shares in the house as well as in cow shed and as such house and cow shed were liable to be partitioned according to the shares of the parties.

(3.) Suit was contested by the appellant-defendant No.1 namely Ram Chand (hereinafter referred to as 'defendant No.1' for convenience sake). On merits, it is contended that land comprising Khata No. 26 min, Khatauni No. 53 min Khasra No. 267 and 308 measuring 14 Kanal 17 Marla was Abadi Tika where houses of plaintiff and defendant No. 1 were existing. Family partition took place between the father of the plaintiff and proforma defendant and defendant No. 1. Defendant No. 1 was given the old house, which fell in Khasra No. 267 and the plaintiff and defendant No. 2 were allotted house which fell in Khasra No. 308. On Khasra No. 308, there were two rooms alongwith one shed and also one dismantled cow shed which was presently owned and possessed by the plaintiff. Old house falling to the share of defendant No. 1 was demolished and defendant No. 1 constructed a new house on Khasra No. 267.