GHANSHYAM SINGH Vs. KANHIYA LAL VARUN

JUDGEMENT

(1.) THE appellant has challenged the judgment of the learned Trial Court whereby his suit for partition has been dismissed. The respondent is also aggrieved by the judgment and has filed the cross -objections.

(2.) THE learned counsel for the appellant submits that the learned Trial Court dismissed the suit on the ground that the appellant has not placed on record the documents of title relating to the suit property in the name of his father late Chedda Lal. It is submitted that the title of late Chedda Lal was admitted by both the parties and, therefore, the suit could not have been dismissed on this ground.

(3.) THERE is merit in the contentions of both the parties. In the facts and circumstances of this case, the appeal as well as cross -objections are allowed and the impugned judgment of the learned Trial Court is set aside. The case is remanded back to the learned Trial Court for fresh adjudication on all the issues.