JUDGMENT :

CFA No. 17/2013

1. The appellants have challenged judgment and decree dated 31.12.2012 passed by the learned Additional District Judge, Doda (hereinafter to be referred as the trial court), whereby final decree in terms of Commissioner’s report effecting the partition of the suit property has been passed.

2. It appears that the predecessor-in-interest of respondent Nos. 1 to 4 herein (hereinafter to be referred as the plaintiff) had filed a suit for partition before the court below seeking partition of movable and immovable property left behind by their ancestors claiming that the parties to the suit are the members of the joint Hindu family. The description of the property sought to be partitioned as given in the plaint is reproduced as under:

“HOUSES

Residential house (old construction) consisting of four rooms and a verandah on the southern side as shown in the enclosed plan:

Two cow-sheds later renovated by the plaintiff:

Grain-store and covered entrance gate.

To these was added new construction by the plaintiff consisting of two residential rooms, one kitchen and one verandah shown on the Western side in the enclosed plan.

Defendant No. 1 demolished the old grain st