JANURDHAN JOG Vs. SRIKRISHNA

JUDGEMENT

(1.) Revision Petition is by the first defendant in a suit for partition, filed by the first respondent herein. On the death of the father of the main parties hereto, it is said that the first defendant is in possession of the properties, of which partition is sought through the Court. By consent of the learned Counsel, matter was heard for final disposal.

(2.) First defendant admitted in his written statement that the property described in schedule-A is a residential house belonged to the deceased and was partible amongst the parties. But 1st defendant denied the properly described in schedule-B, whieh is a running railway catering business, as not partible. 1st defendant asserted that there was one more property in the State of Maharashtra, which should have been included for partition; as the said property was not included, maintainability of the suit was questioned. At para-19, 1st defendant claimed reimbursement of a sum of Rs. 60,000/- which, he, allegedly had spent to get possession of the 'A' schedule house. According to the first defendant, there was an agreement amongst parties to sell the house and share the sale price, after deducting the expenses incurred by the first defendant to have the house vacated by the tenants.

(3.) On the basis of the main averment of the first defendant about the parlibihty of schedule-A, plaintiff filed an application under Order 12, Rule 6 CPC praying for a preliminary decree for partition of the said properly, alleging that, the first defendant has admitted the rights of all the sharer's in the said property. Lower Court has accepled this application and directed the drawing up of a preliminary decree for partition of schedule- A properly.