N.K.Kapoor, J.

1. This is defendants appeal against the judgment and decree of the Additional District Judge, Hoshiarpur, dated 15th May, 1978 by which the judgment and decree of the trial Court has been affirmed.

2. Briefly put, Lachhman Singh-plaintiff filed suit for declaration that he was owner in possession of the property details of which are given in the head-note of the plaint, and further sought relief of permanent injunction restraining the defendants from interfering in his peaceful possession or to get the suit property partitioned. The case of the plaintiff was that he along with the defendants was owner of about twenty years back and since then the parties were in possession of their respective share without any interference from each other. This claim of the plaintiff was contested by the defendants on the ground that no family partition had taken place between the parties ; that the plaintiff was in possession of more land than his share ; and that there was no passage in the property in dispute to reach the houses of the parties etc

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

"1. Whether family partition took place between the pa