N.K.Kapoor, J.

1. This is plaintiffs Regular Second Appeal against the judgment and decree of the Additional District Judge whereby judgment and decree of the trial Court was set aside and the suit of the plaintiff was dismissed.

2. Briefly put, the plaintiff filed a suit for partition inter alia, pleading that the plaintiff and defendants are owners in equal shares of the residential house bearing No. XI-631 situated in Mohalla Dyalpura Karnal which was inherited by both of them in equal shares from their father Sh. Jhandu Ram; The house is still joint and has not been partitioned by meats and bounds.

3. Defendants filed written statements and took preliminary objections as to the locus standi of the plaintiff to file the present suit being bad for mis-joinder and non-joinder of parties, and that the plaintiff is estopped by his own act and conduct to file the present suit. Plea was also taken that the plaintiff on different occasions had been mortgaging the property in his exclusive possession vide separate mortgage deeds which amounts to separation.

4. On the pleadings of the parties following issues were framed:-

(1) Whether the plaintiff is a co-sharer in the property