L. N. Mittal, J. (Oral) : C. M. No. 4849-C of 2011 :

Allowed as prayed for.

C. M. No. 4850-C of 2011 : Application is allowed and Annexures A-1 to A-5 are taken on

record, subject to all just exceptions.

Main Appeal :

2. Defendant no.1 Bakhtawar Singh having failed in both the courts below has filed the instant second appeal.

3. Respondent no.1-plaintiff Sarwan Singh filed suit against defendant no.1-appellant and respondents no.2 to 5 as defendants no.2 to 5 for separate possession of his (plaintiff’s) one-third share by partition of suit land measuring 01 kanal 13 marlas comprised of khasra no.86. Gurbax Singh – father of defendants no.1 and 2 and Piara Singh – father of defendants no.3 to 5 are brothers of Sarwan Singh – plaintiff. Plaintiff’s case is that suit land is joint land of the parties, in which plaintiff has onethird share.

4. Defendants no.3 to 5 admitted the claim of the plaintiff, whereas defendant no.2 was proceeded ex-parte.

5. Only defendant no.1 contested the suit. Defendant no.1 inter alia pleaded that in addition to the suit property, there were also many other joint properties of the parties. Parents of the parties effected oral partition of the said prope