JUDGMENT :

(Jyotsna Rewal Dua, J.)

Aggrieved against the concurrent judgments and decrees passed by the learned Courts below, dismissing his suit, the plaintiff has invoked Section 100 of the Code of Civil Procedure.

2. Facts:-

2(i). Appellant was the plaintiff before the learned Trial Court. Suit for declaration under Section 34 of the Specific Relief Act, 1963 was instituted by him seeking partition of the suit land between him and the defendants to the extent of half share each firstly by passing the preliminary decree.

The case of the plaintiff was that the suit land was co-owned and co-possessed by him and the defendants to the extent of half share each. The suit land in the revenue record was depicted as “Abadi Deh”. The suit land had been coming in possession of ancestors of parties and after their death, it had devolved upon the plaintiff and the defendants.

The plaintiff had, inter alia, pleaded that he and the defendants had raised some constructions on the suit land. In paragraph 2 of the plaint (produced by learned counsel for the appellant), reference was made to photograph showing the location and position of the construction raised by the parties. In this very paragraph,