CH. PIRTHI SINGH AND OTHERS Vs. CH. GURDIAL AND OTHERS
LAWS(ALL)-1957-11-30
HIGH COURT OF ALLAHABAD
Decided on November 01,1957

Ch. Pirthi Singh And Others Appellant
VERSUS
Ch. Gurdial And Others Respondents

JUDGEMENT

Gurtu, J. - (1.) This was a suit for declaration that the Plaintiffs were the joint owners of the plot in suit and for joint possession thereof with the Defendants. It appears that the plot in a suit was formerly a grove and that the trees standing over a portion of the grove had been cut and removed and in 1333F the Defendants had solely started cultivating that portion. Thereafter it appears that the other trees were also cut and then the Defendants in 1353F brought the rest of the plot into their sole cultivation. It has been referred to in the judgment of the trial court as the northern portion.
(2.) The Plaintiffs being completely excluded from the joint land filed this suit. The Defendants pleaded that the Plaintiffs were not entitled to joint possession and their remedy was to obtain a partition.
(3.) The trial court declared that the Plaintiffs were cosharers in the suit along with the Defendants. This is the only relief that the trial court gave.;


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