RAM SWAROOP Vs. MAHENDRU

JUDGEMENT

(1.) The Appellants, hereinafter referred to as the Defendants, have directed the present regular second appeal against the judgment and decree dated 20-12-1986 of the learned District Judge, Solan reversing the judgment and decree dated 6-7-1970 of the then Senior Sub-Judge, Mahasu.

(2.) The subject matter of the dispute between the parties is the landed property and shop premises detailed in the plaint and hereinafter referred to is the property in dispute.

(3.) One Shri Krishan Dutt, the predccessor-in-interest of the present Respondents, hereinafter referred to as the Plaintiff, claimed himself to be the joint owner of the property in dispute to the extent of 1/3rd share and as such entitled to get the same partitioned by metes and bounds. It was pleaded that an application for partition of the landed property was made by the deceased Plaintiff Krishan Dutt before the Assistant Collector 1st Grade, Solan, wherein the Defendants raised a question of title. The Assistant Collector accordingly directed the Plaintiff to get a declaration of his title from a competent civil court. A suit for declaration, partition, and rendition of accounts was, therefore, filed, being civil suit No. 62/1 of 1968 on the files of the then Senior Sub-Judge, Mahasu.