RAHTI Vs. WALI GANAI

JUDGEMENT

(1.) THIS is a plaintiffs appeal under the Letters Patent against the decision of a single judge of this court allowing a second appeal before him and dismissing the plaintiffs suit with certain observations.

(2.) THE facts out of which the present appeal arises may be summarised as follows : -

(3.) THE suit was contested by defendant No. 1 who pleaded inter alia that there was no private partition between various co -sharers and that the entire survey No. 20 was in exclusive possession of Aziz Mir who was a co -sharer having one half share in the entire Khewat. The allegation of the plaintiff about previous partition between various co -sharers and her forcible dispossession by defendant no 1 was also denied by defendant No. 1.