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Issues:
1. Suit challenging mode of partition or title suit? 2. Validity of partition during minority. 3. Suit for partial declaration. 4. Proper court fees and form of the suit. Analysis: 1. The first issue revolved around whether the suit was merely challenging the mode of partition or a title suit. The trial court relied on precedents to establish that the Plaintiff claimed joint ownership of the entire property in question, which was contested by the Defendants. The trial court found in favor of the Plaintiff, stating that the suit was indeed a title suit, cognizable by a civil court. 2. Issue two dealt with the validity of the partition carried out by the Plaintiff during his minority. It was established through documents that the Plaintiff was a minor at the time of partition, with a court-appointed guardian. The court concluded that the partition was void as the Plaintiff was not legally competent to carry it out, rendering it not binding on him. 3. Regarding the third issue, it was determined that even if the Plaintiff did not include all khasra numbers in the suit, it did not invalidate the claim for joint ownership. The court held that the suit was valid, and the issue was decided in favor of the Plaintiff. 4. The court also addressed the sufficiency of court fees and the form of the suit as the fourth issue. It was found that the court fees were duly paid, and the suit was in proper form, leading to the decree in favor of the Plaintiff. 5. The Defendants appealed the decision, arguing primarily on the jurisdiction of the civil court. The appellate court upheld the trial court's decision, emphasizing that the suit was a title suit and within the civil court's jurisdiction. The appeal was dismissed with costs. 6. The Defendants then filed a second appeal, raising grounds including the jurisdiction of the civil court and the failure of the lower appellate court to provide findings on all issues. The court referred to legal provisions and precedents to establish that the Plaintiff's claim did involve a question of title, affirming the lower court's decision. 7. The court further cited legal precedents to support the dismissal of the second appeal, emphasizing that the jurisdiction of ordinary courts is not ousted by the availability of remedies in revenue courts. The court found no merit in the appeal and dismissed it with costs, upholding the original judgment.
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