SHIVNANDAN Vs. GHINSAL SINGH

JUDGEMENT

(1.) Heard on admission and formulation of substantial question of law in this second appeal preferred by defendant No.1 questioning the judgment and decree of the first appellate Court by which the first appellate Court has affirmed the decree of the trial Court allowing the suit for partition and possession.

(2.) Mr. Parag Kotecha, learned counsel appearing for the appellant / defendant No.1, would submit that both the Courts below are absolutely unjustified in holding that the plaintiffs are entitled for ? share in the suit property on partition and also entitled for possession by recording a finding which is perverse to the record, as the plaintiffs have admitted the fact of partition between their father Mohan and the predecessor-in-title of defendants No.1 and 2, as such, the appeal deserves to be admitted by formulating substantial question of law.

(3.) I have considered the submission of learned counsel for the appellant / defendant No.1 and went through the record with utmost circumspection.