V.K. Ahuja, J.:

This Regular Second Appeal under Section 100 C.P.C. has been filed by the appellant/plaintiff against the judgment and decree of the Court of learned District Judge, Chamba, dated 15.9.2000, vide which he accepted the appeal filed by the respondent and set aside the findings of learned Senior Sub Judge, Chamba, dated 14.1.2000, decreeing the suit for declaration and consequently, dismissed the suit of the plaintiff.

2. Briefly stated, the facts of the case are that the appellant hereinafter also referred to as the plaintiff filed a suit for possession by way of partition as against the original respondent Smt. Suto, now represented by her L.R., hereinafter referred to as the defendant. It was alleged by the plaintiff that she has filed the suit through her sister Smt. Brahmi for separate possession of her half share by way of partition of land comprised in Khasra Numbers as detailed in the plaint measuring 382-5 Square yards, situated in Chamba Town-I. It was alleged by the plaintiff that she and defendant are joint owners in possession of the suit property. The defendant is step daughter of the plaintiff. The plaintiff is deaf and dumb. The defendant bein