SOM NATH Vs. DINA NATH AND OTHERS

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the judgment and decree dated 08.06.2004, passed by the Court of learned District Judge, Una in Civil Appeal No. 32 of 2003, vide which learned Appellate Court while allowing the appeal, set aside the judgment and decree dated 18.02.2003, passed by the learned Trial Court in Civil Suit No. 87/98, whereby the Court of learned Sub Judge 1st Class, Court No. 1 had dismissed the suit of the plaintiffs.

(2.) Brief facts necessary for the adjudication of the present appeal are that respondentsplaintiffs (hereinafter referred to as "the plaintiffs") filed a suit for separate possession by way of partition of the land in abadi deh.

(3.) By way of their written statement, defendant denied the case of the plaintiffs and pleaded that there was no jointness of any kind between the parties, as the parties were separate in food and worship since the time of their ancestors. As per the defendants, the vacant land was also in separate possession of the parties and as the plaintiffs were not successful in the earlier suit, the second suit has been filed without any cause or reason.