JEET LAL Vs. SHIV NATH

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 5.11.2005 which has endorsed the findings of the trial judge dated 4.2.2005 whereby the suit filed by the plaintiff i.e. Shiv Nath for a decree of partition had been decreed; it was a preliminary decree for partition.

(2.) WRITTEN statement has contended that the suit property had been exclusively allotted to the Defendant and he has exclusive rights over the same.

(3.) THIS finding of the trial judge was upheld by the first appellate court vide the impugned judgment dated 5.11.2005. However, the grant of damages was set aside. The trial court had been directed to proceed with passing a final decree for partition.