SUDESH KUMAR Vs. AJIT RAJ

JUDGEMENT

(1.) This Revision Petition is directed against order dated 02.01.2015 whereby the District Judge, Samba has rejected petitioner -defendant No. 1's application for framing of an additional issue in a suit for partition filed by respondent (plaintiff). Heard Mr. Basit Manzoor Keng, learned counsel for the petitioner and Mr. B.S. Salathia, learned Senior Advocate, for the respondent.

(2.) Petitioner (defendant No. 1) and defendant Nos. 2 & 3 are the three sons of one Kheru Ram. Respondent (plaintiff) is a son of the petitioner. The suit land measuring 51 kanals 3 marlas comprised in various Khasra Numbers was allotted to Kheru Ram being a displaced person. After enactment of the Jammu and Kashmir Agrarian Reforms Act, 1976, the suit land was mutated in terms of Sec. 3A thereof in favour of Kheru Ram. After the death of Kheru Ram, mutation of inheritance qua the suit land has been attested in favour of his three sons, that is, the defendants and the land is now in their cultivating possession. To this extent case is admitted as per the pleadings of the parties.

(3.) Respondent (plaintiff) has filed suit for partition of the aforementioned land and a house constructed in it. On reading of the plaint it is evident that respondent claims his share in that portion of the aforementioned property which after the death of Kheru Ram has fallen to the share of his father, Sudesh Kumar (defendant No. 1). Respondent -plaintiffs case in a nut -shell is that he and the defendants are the legal heirs of deceased Kheru Ram and being a grandson of Kheru Ram, he is a co -owner/co -sharer in the suit property.