RAMESHWAR vs ROHTAS SONI AND ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (231) RSA-5053-2012(O&M) Date of Decision: 11.05.2026 Rameshwar --Appellant Versus Rohtash Soni & Ors. --Respondents CORAM:- HON'BLE MR. JUSTICE PANKAJ JAIN. Present:- Mr. C.P. Tiwana, Advocate for Mr. R.S. Chahar, Advocate for the appellant. Respondents no.2, 3(i), (ii) & 5 proceeded ex parte vide order dated 18.07.2014. Mr. S.P. Chahar, Advocate for respondent no.4. *** PANKAJ JAIN.J (Oral) 1. Plaintiff is in second appeal aggrieved of the judgement and decree passed by the courts below. 2. Plaintiff filed a suit seeking possession by way of partition by metes and bounds of an ancestral house claiming himself to be a co-sharer to the extent of 1/7th share. 3. Defendants resisted the suit primarily on the ground that the suit was bad for partial partition as there is another residential house comprised in Khewat No.332/299 min Khatoni No.384 Rect. No.45 Killa No.12/1/2 measuring 2 marlas being used as Gadha Khad. The courts below non-suited the plaintiff holding that the suit was bad for partial partition as the plaintiff failed to include Gadha Khad and other residential properties jointly owned by the parties. 4. Learned counse