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2011 Supreme(P&H) 1707

GURDEV SINGH
Ajit Singh – Appellant
Versus
Ujjagar Singh – Respondent


Advocates:
For the Appellant:Mr. Sanjay Majithia, Senior Advocate with Mr. Shailendra Sharma, Advocate.
For the Respondents: None.

JUDGMENT

Mr. Gurdev Singh, J.: (Oral) - This second appeal has been preferred by the unsuccessful plaintiff/appellant, Ajit Singh, against the judgment and decree dated 13.9.1986 passed by the Additional District Judge, Jalandhar, vide which he dismissed the first appeal preferred by the plaintiff against the judgment and decree dated 16.11.1985 passed by the Sub Judge Ist Class, Jalandhar, dismissing his suit for possession by way of partition by metes and bounds of the four properties situated in village Atti, Tehsil Phillaur,, fully detailed in the heading of the plaint and described in the maps Annexures A, B, C and D, annexed with the plaint.

2. The case of the plaintiff, as narrated in the plaint, is that the suit properties are jointly owned and possessed by him and the defendant in equal share. Jointness of these properties has become a source of quarrel between them and it has become difficult for him to derive full advantage of his share. Previously also, he filed Civil Suit No. 313 of 1983 in which the plaint was rejected, vide order dated 21.11.1983, on account of nonfulfilment of the conditions mentioned in under Order 23 Rule 1 of C.P.C. He asked the defendant to admi























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