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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Suresh Kumar – Appellant
Versus
Kharga Ram – Respondent
JUDGMENT :
VIRINDER AGGARWAL, J.
1. By way of the present Regular Second Appeal (hereinafter referred to as “RSA”) the appellant–defendant has approached this Court, seeking to impugn and set aside the judgment and decree dated 25.04.2023 rendered by the learned Additional District Judge, Narnaul, whereby the judgment and decree dated 21.2.2016 passed by the learned Additional Civil Judge (Senior Division), Kanina was affirmed. The learned trial Court had decreed the suit filed by the respondents–plaintiff, directing possession of the suit property by way of partition. The appellant has challenged the concurrent findings of the Courts below on the grounds that the same are manifestly erroneous, legally unsustainable, and bereft of evidentiary support.
2. On a meticulous consideration of the factual matrix as articulated in the plaint, the case of the plaintiff stands delineated with precise clarity, and may be succinctly summarized as follows:-
“The brief facts of the present suit, as set forth by the plaintiffs, are as follows: The immovable property in dispute, measuring 4 kanal 18 marlas, bearing Killa No. 4//14/2 (2-0) Gair Mumkin Khadda and Khasra No. 61/1 (2-18) Gair Mumkin Abad
Ownership and possession of property must be substantiated by clear evidence, particularly in disputes involving family members and claims of joint ownership.
The First Appellate Court erred by failing to frame appropriate consideration points under C.P.C., affecting the legality of its judgment in the partition suit.
Co-owners of a property have an unequivocal right to seek partition regardless of physical possession or claims of exclusive ownership.
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