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2005 Supreme(P&H) 510

M.M.KUMAR
Dhan Kaur (Deceased By L. R S. ) – Appellant
Versus
Shamsher Singh – Respondent


Judgment

1. This is plaintiffs appeal filed under Section 100 of the Code of Civil Procedure, 1908, challenging judgment and decree dated 25-4-1980 passed by learned Addl. District Judge, Ferozepur, who has reversed the findings of trial Court recorded in its judgment and decree dated 18-12-1976. Learned Addl. District Judge, has reversed the finding of the trial Court on the core issue by holding that partition in fact had taken place amongst the plaintiff-appellants and defendant-respondents in respect of the land which has been owned by them as co-sharer. For the sake of clarity the parties are being referred to as plaintiffs and defendants in accordance with the original nomenclature given by the trial Court.

2. The plaintiffs, namely, Nihal Singh and Gurmel Singh (now represented by their legal representatives) had filed a civil suit No. 211 on 19-10-1973, seeking a declaration to the effect that they were exclusive owners of the land measuring 242 kanal 5 marlas out of the total land measuring 540 kanals 13 marlas situated in the revenue estate of village Dhindsa, on the basis of private partition. It was also claimed that Harbans Singh, defendant No. 13 son of Avtar Singh alo

































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