R.L.ANAND, J. - (1.) THIS is a defendants' appeal and has been directed against the judgment and decree dated 11.1.1999, passed by the Addl. Distt. Judge, Muktsar, who dismissed the appeal of the appellants by affirming the judgment and decree of the trial court who granted a declaration in favour of the plaintiff that he is the owner to the extent of 1/10th share in the suit property.
(2.) THE brief facts of the case are that Madan Gopal, plaintiff-respondent No. 1, filed a suit for declaration to the effect that he was the owner in possession of the suit property to the extent of 1/10th share. The defendant No. 1 Des Raj had purchased the share of Sham Lal, Raj Kumar, Som Parkash and Krishan Lal sons of Jagan Nath, while Shanti Devi had sold her share to Gian Chand vide sale deed dated 27.12.1988. Rama Devi, deceased, who is represented by the present appellants, had purchased the share of Amrit Lal, Dwaraki Devi and Krishan Lal, vide sale deed dated 17.9.1964. Since, the property was joint and the respondents were utilising the mense profits of the property to the exclusion of the plaintiff, therefore, he wanted to get his share in the suit property separated by metes and bounds. The suit was contested by the present appellants mainly on the ground that Des Raj, respondent, was owner to the extent of 1/10th share in the entire property. Certain preliminary objections were raised that the suit was barred under law as previously also the plaintiff had filed a civil suit against the appellants and others which was dismissed on 4.9.1990.
(3.) FROM the above small pleadings of the parties the following issues were framed by the trial court :- " 1. Whether the plaintiff is the owner in possession of 1/10th share of the property detailed in the head note of the plaint ? OPP 2. If issue No. 1 is proved, whether the plaintiff is entitled to partition of 1/10th share of the constructed property ? OPP 3. Whether the suit is not maintainable in the present form ? OPD 4. Whether the plaintiff has no cause of action ? OPD 5. Whether the defendants are entitled to recover an amount of Rs. 3,15,000/- as alleged ? OPD 5A. Whether the plaintiff is liable to file ad valorem court fee on the market value of the suit property ? OPP 6. Relief." ;