KHATO LAL DASS Vs. JAHIRUDDIN BABAR

JUDGEMENT

(1.) This second appeal is by defendants 4 and 5 against a judgment of affirmance.

(2.) The suit was filed for declaration of plaintiff's title to the extent of 2 annas 8 pies share in the disputed property. Prayer for partition was also made by the plaintiffs over 2 Acres 18 decimals of land claimed by him.

(3.) The plaintiff's case was that one Admen Samual Pyne had a tenure of C. S. Khewat No. 121/37 and he died leaving behind two sons, namely, David Pyne and Gopal Pyne. According to the plaintiff, both the sons inherited the said property and came in joint possession. The plaintiff alleged that David Pyne sold his half share to defendants Nos. 3 to 6 by a registered sale deed and subsequently Gopal Pyne also sold his share in the suit land to the plaintiff as well as to defendants Nos. 1 and 2 and put them in possession. Thus, according to the plaintiff, he came in possession of 2 annas 8 pies share in the suit land while defendants 1 and 2 got 5 annas 4 pies and the remaining 8 annas share went to defendants 3 to 6. According to the plaintiff, he started getting difficulty in joint possession and hence he demanded partition which was refused which necessitated the filing of the present suit.