JUDGMENT

Sharad Kumar Sharma, J. - The factual backdrop of the present case is; that the respondent No. 1, happens to be a plaintiff in a Suit, which was instituted by him by invoking the provisions contained under Section 176 of the UPZA & LR Act, seeking partition of holdings, which was the subject matter of the proceedings of the Suit, filed on 24.03.2015, under Section 176 of the UPZA & LR Act, which was registered as Suit No. 21 of 2014-15, Satvir Singh v. Jasvir and others, before the Court of Assistant Collector, First Class, Roorkee, District Haridwar.

2. The property, which constituted to be taken into consideration for the aforesaid Suit for partition was described in the relief clause and at the foot of the plaint which constituted as hereunder:-

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3. In the said Suit, the pleadings were exchanged and thereafter, on the exchange of pleadings the Court of Assistant Collector, who was ceased with the proceedings, had framed an issue being issue No. 6 to the following effect:-

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4. In a nutshell, if the said issue is taken into consideration in its totality, it was to the effect that as to whether since the land in dispute, which was the subject matter of the proce