OMKAR NATH TIWARI Vs. RAMPHAL TIWARI

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 29-9-2007 passed by 2nd Additional District Judge (FTC), Janjgir, Dist. Janjgir-Champa (CG) in Civil No. 8-A/2007 wherein the said court dismissed the suit filed by the appellant/plaintiff for partition of land, house mentioned in Schedule A and B of the plaint and for getting half share over the entire property situated at village Gangajal, Revenue Circle and Tahsil Nawagarh, Dist. Janjgir-Champa.

(2.) Suit filed by the appellant/plaintiff is for partition and separate possession of his half share of the suit land and house and half share of the other articles stating that the appellant and respondent No.1 are real brothers, the suit property belongs to their father namely Khedulal Tiwari. The suit properties are the ancestral and undivided properties of the parties. In the month of June and July 2005 when the appellant asked for partition, the respondent No.1 refused to give any share to the appellant that is why suit was filed. As per respondent No.1, his father Khedulal executed a Will in his favour on 6-5-1971, therefore, appellant is not entitled for any share in the suit property. After hearing both sides, the trial Court dismissed the suit.

(3.) Learned counsel for the appellant would submit as under: