Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----0. I, R.10 & O.XX, R.18---Suit for partition of property---Necessary parties---Land in question was joint and was never partitioned---Appellants and respondents had purchased the property from two persons who were joint owners of the land---Appellants were possessing the portion in excess of their share and respondent was entitled to have the possession of the land to the extent of his-share by the division of the property---Only necessary party to the suit were the appellants and respondent and none else. The evidence made it manifestly clear, that the land was joint, it was never partitioned, the appellants were possessing the portion in excess of their share and the respondent was entitled to have the possession of the land to the extent of his share by the division of the property. Partition was being claimed of the property which initially belonged to two persons and presently held by the appellants and respondent in equal shares and, therefore, in the course of division of this property, the presence of other co-owners in the Khata would neither be necessary nor relevant. It was not the case that the two parties had purchased share in the Khata but the case was that the two sets of parties purchased share in the portion of land jointly held by two persons. In this view of the matter, the only necessary party to the suit were the appellants and respondent and none else. (b) Civil Procedure Code (V of 1908)--- ----0. XX, R.18---Suit for partition of property---Plea of relationship 'of landlord and tenant by one co-owner---Validity---Appellants had denied the title of respondent firstly through a suit for declaration to challenge the sale-deed and thereafter, in the suit for partition (present litigation)---Effect--=Land in question was joint and was never partitioned---Appellants were possessing the portion in excess of their share and respondent was entitled to have the possession of the land to the extent of his share by the division of the property---Appellant during arguments raised the plea to the effect that if the property was found to be joint and partition was approved, the possession of the appellant…

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