Sukhdev Singh, Jaswinder Singh and Guddi are sons and daughter of Gurmail Singh and are entitled to equal shares in the property i.e. one half. It was categorically stated that in the previous suit for partition, the defendants had taken the plea of partial partition, therefore, the decision in the previous suit would not come in the way of the plaintiffs for seeking partition of the property. It was also averred that during the pendency of the previous suit, the defendants had taken forcible possession of 1 kanal 8 marlas whereas out of khasra No.812/1-17, the possession over 1 kanal 8 marlas was of the plaintiffs and on remaining 9 marlas, the defendants were in possession of 1 kanal ancestral house belonging to Jangir Singh and Gurmail Singh as described in para (v) of the head note of the plaint. The previous partition suit was filed regarding 2 kanals 19 marlas of gair mumkin land being half share titled as “Ajmer Singh Vs. Gurdev Singh”. Thereafter, an application was filed before the Assistant Collector 1st Grade wherein the Revenue Court did not entertain the application by holding that the land was gair mumkin and in this background, the aforementioned suit was filed.
