RAJINDER PERSHAD Vs. RAM NIWAS

JUDGEMENT

(1.) This hearing has been done through video conferencing.

(2.) The present second appeal hasbeen filed challenging the judgment dtd. 18/11/2019 passed by the ld. ADJ-VII (Central), Tis Hazari Courts, Delhi (hereinafter, "Appellate Court") in RCA No.11/2019 titled Sh. Rajinder Pershad v. Sh. Ved Prakash v. Ram Niwas & Ors. By the impugned order, the Appellate Court has dismissed the first appeal filed against the judgment and decree dtd. 30/1/2016 passed by the Ld. Civil Judge-14, Central District, Tis Hazari Courts, Delhi (hereinafter, "Trial Court") in Suit No.38/15 titled Sh. Rajender Pershad & Ors. v. Ram Niwas & Ors. Therefore, in effect, the Appellate Court and the Trial Court have arrived at concurrent findings.

(3.) The dispute in the presentcase is between the legal heirs of the brothers i.e., Sh. Udey Ram, Sh. Teeka Ram, Sh. Tokh Ram, Sh. Ram Niwas & Sh. Yad Ram, who are all sons of Pt. Har Lal. The Plaintiffs are the legal heirs of Sh. Udey Ram. A suit for partition was filed by the Plaintiffs seeking partition and permanent injunction. The reliefs sought in the said suit are as under: