CHAMAN LAL Vs. DEWAN CHAND

JUDGEMENT

(1.) This Civil First Appeal is directed against the judgment and decree passed by the Court of District Judge, Kathua on 9th of November, 1991 rendered in suit captioned as Madan Gopal v. Dewan Chand & Ors., wherein partition by metes and bounds of the propeties i.e., eight shops and a 'Khola' was sought.

(2.) One Sh. Kanshi Ram, common ances-tor of the parties, had three sons namely Sh. Nathu Ram, Sh. Munshi Ram and Sh. Ram Rattan. It is the said Munshi Ram who had left behind various properties including the suit property, i.e., eight shops and a 'Khola' located in town Kathua. Same property is claimed to be joint as having been inherited from the common ancestor (Sh. Kanshi Ram). The respondents (defendants) in their pleadings (written statement) contended that the partition had taken place on Poh, 1984 (Bk) and additionally contended that the fac-tum of partition is further supported by the conduct of the appellant (plaintiff) himself, as regarding rest of the ancestral properties no partition has been sought. On the basis of the respective pleadings, firstly vide order dated 10th of March, 1987 following three issues were framed :-

(3.) When the case was transferred to the Court of District Judge, Kathua, further fol-lowing issues vide order dated 21st of Octo-ber, 1988 were framed :-