Punjab & Haryana High Court (Deepak Gupta, J.) disposed of RSA-3046-1994 (O&M), preferred by defendant Nos.2 and 3 against the judgment & decree dated 26.08.1994 of the Additional District Judge, Sonipat, which had allowed the plaintiffs' appeal and directed a preliminary decree for partition of 2255 sq. yards of village abadi land (plots Nos. 1, 2, 7, 14, 15 and 72) jointly allotted to seven co-sharers in proceedings arising out of Civil Suit No.707 of 1938 ('Harkishan etc. vs. Ramsarup etc.') and evidenced by the decree dated 14.05.1940 (Ex.P-12). The trial court (Sub Judge-III Class, Sonipat, decree dated 20.10.1992) had found the property joint but dismissed the suit for want of pleaded shares; the first appellate court held shares determinable from evidence without specific pleadings and fixed the plaintiffs' entitlement at 1300 sq. yards. Held: (i) concurrent findings that the six plots remain joint property are not open to interference in second appeal absent perversity, misreading or exclusion of material evidence; the appellants' submissions merely sought impermissible re-evaluation of facts and raised no substantial question of law, so Section 100 CPC jurisdiction was not attracted; (ii) the defendants' plea that the earlier allotment with exclusive possession amounted to completed partition fails; (iii) shares fall to be determined Hasab-Rasad-Khewat, pro rata to agricultural holdings out of the total holding of 102 bighas 12 biswas borne out from the evidence — the jamabandi aggregate of 103 bighas 18 biswas reflects a 26-biswa excess which is proportionately adjusted, minor variation in old revenue entries being incapable of defeating substantive rights under a binding decree; (iv) final workable shares: plaintiffs' predecessors 1289 sq. yds., defendants No.1–11 250 sq. yds., defendant No.12 468 sq. yds., defendant No.13 248 sq. yds. (total 2255); the quantification merely renders the decree executable without altering substantive rights. Preliminary decree modified accordingly and appeal disposed of; parties to appear before the trial court within two months for final decree proceedings before a Local Commissioner/Revenue Expert, subject to safeguards preserving existing possession and residential constructions, access, passages and common amenities, equitable compensation of minor measurement variations, and boundary descriptions to avoid ambiguity at execution.
