1. Gurbachan Singh first moved the Revenue Court for partition of 69 Kanals 10 Marlas of land situate in village Hayat Nagar against Sadhu Singh s representatives on the plea that he was the owner of half share, according to the Jamabandi for the year 1969-70, and when the Revenue Court directed him to get his title decided in civil Court, this suit was filed.

2. The legal representative of Sadhu Singh contested the suit and pleaded that the plaintiff and Sadhu Singh acquired land in two villages. Hayat Nagar and Garden Colony Khojepur (Bhabra), and there was partition between them, regarding memorandum dated 3-7-1958 was recorded and since then the parties are in exclusive possession of their respective portions. The land of village Hayat Nagar along with small area of the other village was given to Sadhu Singh and the remaining to the plaintiff. The plaintiff later on exchanged his land with another person in village Hayat Nagar. On this basis, it was pleaded that he was estopped by his act and conduct to seek partition.

3. The trial Court by a well considered judgement and decree hold on appreciation of evidence that the partition was duly proved. The parties were in sep