(1.) By way of this appeal, the appellants have assailed the judgment and decree passed by the Court of learned Sub Judge, Chamba, in Civil Suit No. 124 of 1993 dated 28.03.2001, vide which learned Sub Judge allowed the suit so filed by the plaintiffs, and also the judgment and decree passed by learned District Judge, Chamba, in Civil Appeal No. 25 of 2001 dated 19.01.2002 vide which learned Appellate Court affirmed the judgment and decree passed by learned trial Court and dismissed the appeal filed by the present appellants.
(2.) Brief facts necessary for adjudication of the present case are that respondents/plaintiffs hereinafter referred to as the plaintiffs filed a suit for possession by way of partition of the suit land comprised in Khasra No. 8444, measuring 53 square yards, Khasra No. 8446, measuring 271 square yards, situated in Mouza Chamba Town-I, Pargana Panjla, Tehsil and District Chamba, H.P. Land which was subject matter of Civil Suit No. 16/1976 and was kept joint as per decree dated 29.04.1991 passed in the said civil suit by learned Senior Sub Judge, Chamba. As per the plaintiffs, they were entitled to 44/48 shares of the suit land. According to the plaintiffs, need for partition arose as the parties were not in good terms with each other, which necessitated the filing of the suit.
(3.) The claim of the plaintiffs was contested by defendants No. 1 to 6, who took the stand that the suit was not maintainable as the same was hit by the provisions of Sec. 11 of the Codee of Civil Procedure and the suit land being a courtyard could not be partitioned as per the custom.