AJIT SINGH Vs. RANDHIR SINGH AND OTHERS

JUDGEMENT

(1.) C.M. No. 7769 -C -2013

(2.) THE application is allowed, subject to all just exceptions. Affidavit of appellant is taken on record.

(3.) UPON notice, the respondents appeared and filed their written statement raising various preliminary objections. On merits, the respondents pleaded that a mutual partition has taken place between the appellant as well as the respondents in respect of property constituted in Rectangle No. 32 Killa No. 23/1 and Rectangle No. 38, Killa No. 3/2 & 8. It was further averred that the appellant has transferred Khasra No. 112 by way of sale deed in favour of the respondents No. 4 and 5 and Khasra No. 114 has also been partitioned. It was denied that they were interfering in the possession of the appellant and they have dug any foundation on Rectangle No. 32, Killa No. 23/1 as alleged. It was further averred that the appellant has no cause of action thus, the suit is liable to be dismissed.