BHEKHALU DEVI Vs. RAM DITTI

JUDGEMENT

(1.) THIS appeal has been preferred by the defendant against the judgment and decree of the learned Additional District Judge, Kullu in an appeal preferred by the plaintiff -respondent against the judgment and decree of the learned Senior Sub Judge reversing the judgment and decree in favour of the appellant and dismissing the suit of the plaintiff who had challenged Ex.P -1 order of the Assistant Collector 1st Grade, Kullu, dated 5.5.1989 as affirmed by the Collector vide Ex. P -2 rejecting the claim of the appellant for trying the disputed question of partition as a title suit.

(2.) THE plaintiff approached the trial Court on the allegation that the suit land comprised in Khata Khatauni No. 108/278, Khasra No. 3538, measuring 15 -14 bighas, as entered in Jamabandi for the year 1986 -87 of Phati and Kothi Mandalgarh, Tehsil and District Kullu, H.P., is recorded in the joint ownership and possession of the plaintiff (respondent herein) and the defendant (appellant herein). She pleaded that defendant No. 1 -appellant, Smt. Bhekhalu, filed an application before the Assistant Collector 1st Grade, Kullu for partition. Two other applications seeking partition of the joint land of the parties and other co -sharers were also filed but withdrawn by her.

(3.) THIS claim was contested by defendant No. 1, appellant herein, on the ground that there was no private partition of the suit land which is joint and that the orders passed by the Assistant Collector and the Collector Ex.P -1 and Ex.P -2 respectively are legal and in consonance with law.