Mr. L.N. Mittal, J.: (Oral) - Sapinder Singh legal representative of original plaintiff Sher Singh since deceased has filed this second appeal having been non-suited by both the courts below.

2. Sher Singh plaintiff filed suit for possession of half share by partition of the residential house constructed in khasra no. 1588 measuring 1 kanal 10 marlas situated in village Sherpur alleging that plaintiff Sher Singh and defendant respondent Jang Singh (both brothers) are owners in joint possession of the suit house in equal shares.

3. The defendant set up family partition according to which the suit house fell to his exclusive share whereas land of village Inna Bajwa fell to the share of the plaintiff.

4. Learned Additional Civil Judge (Senior Division), Dhuri vide judgment and decree dated 23.7.2008 dismissed the plaintiff’s suit on the ground of non-joinder of other co-sharers and also on the ground of partial partition although plea of defendant regarding family partition was also negatived. First appeal filed by plaintiff’s legal representative has been dismissed by learned Additional District Judge (Adhoc), Fast Track Court, Sangrur vide judgment and decree dated 25.1.201