LAWS(CHH)-2010-2-63

E RAMENDRA RAO Vs. DINESH CHAND VERMA

Decided On February 25, 2010
E Ramendra Rao Appellant
V/S
Dinesh Chand Verma Respondents

JUDGEMENT

(1.) The appellant/plaintiff has preferredl this appeal under Section 96 of C.P.C. against the judgment and decree dated 29-8-1985 passed by Ilnd Additional Judge to the Court of District Judge, Bilaspur in Civil Suit No. 7-A/l 978 whereby and whereunder appellant's suit has been dismissed.

(2.) Brief facts of the case relevant for disposal of the appeal are as under-

(3.) Shri Sanjay K. Agrawal, learned Counsel for the appellant would submit that admittedly the suit property was a joint family property in which the appellant/ plaintiff has undivided interest. It is well settled that an undivided share of co-sharer may be subject matter of sale but the possession cannot be handed over to such vendee unless the suit property is partitioned by meets and bounds amicably or through a decree of court.