3. On getting notice, defendant Suresh Kumar had appeared and filed written statement cum counter claim contending that all the joint property should be included in the same suit and the plaintiff had intentionally filed two separate suits regarding the joint property, in that way, suit is bad for partly partition. The defendant contended that besides the suit property of the main suit, the land measuring 37K-13M was also joint property of the parties to the suit where a petrol pump, service station and weighment bridge (dharamkanta) are installed in the land comprised in rectangle No.5, killa No.22/2/2/2, 21/3/2/2/2 and rectangle No.14, killa No.2. The land comprised in rectangle No.5, killa No.18/2/2/1, rectangle No.14, killa No.3 is lying vacant. An old go-down is there in rectangle No.5 killa No.23 whereas a double storied house is constructed in rectangle No.5, killa No.23 and some portion of the said killa is lying vacant. The land comprised in rectangle No.5, killa No.15/1, 16/2, 17/1, 24 and 25/1 is lying vacant, though CLU with regard to the same has been obtained and a go-down has already been constructed in the area having rectangle No.14 killa No.4, 5/1, 6/2, 7 and 14. The construction of go-down was raised by obtaining loan from the bank by mortgaging the suit land. The
