SUDESH KUMAR Vs. AJIT RAJ

JUDGEMENT

(1.) The defendant has filed the present petition challenging the order dated 04.06.2016 passed by the learned Court below whereby finding on preliminary issue framed in the suit for partition has been recorded against the petitioner. The issue reads as under:

(2.) Learned counsel for the petitioner submitted that the property in question was allotted to late Kheru Ram father of the petitioner and grand- father of the respondent. He was in possession thereof as an occupancy tenant. Kheru Ram died in the year 2003. The land allotted to him on account of his migration from Pakistan at the time of partition was 51 kanals, 3 marlas. During his lifetime, he constructed three houses. After the death of Kheru Ram, mutation of inheritance was sanctioned in favour of his three sons.

(3.) Suit was filed by the respondent who is grand-son of late Kheru Ram seeking partition of the property without there being any right vested in him to seek partition of the property existing in the name of his late grand- father. The vagueness of the suit is evident from the fact that he impleaded all the three sons of late Kheru Ram as defendants in the suit, though was seeking share only in the property coming to the share of the petitioner, his father. Total land allotted to Kheru Ram was made subject matter of the suit whereas out of three houses, only one house was referred to in the plaint.