DHANWANT KOUR & ORS Vs. DALJIT SINGH

JUDGEMENT

(1.) Respondent-Daljit Singh s Suit for partition by metes and bounds of immoveable properties including Plot No. 51 (later changed to Plot No. 59) with house constructed thereon situated at New Rehari Jammu, land situated at Gho Manhasa Jammu, land situated at Tringla-Batote, And land situated at Transport Yard Narwal Jammu, was resisted by the petitionersdefendants, inter alia, on the grounds that it was hit by Section 11 of the Code of Civil Procedure in view of the declaratory Decree passed by City Judge Jammu in Civil Suit No. 160/Civil of 1990 and was otherwise barred by the time prescribed in the Limitation Act for filing such Suits.

(2.) The petitioners plea that Suit was barred by time rested on the factual plea that respondent-plaintiff stood excluded from the properties in question during the lifetime of the predecessor-in-interest of the petitioners.

(3.) To determine the controversy arising out of the pleadings of the parties, the Trial Court of Ist Additional District Judge Jammu, framed eight Issues treating Issue Nos. 1, 2 and 4 as Preliminary Issues.