RAJ PAL Vs. RAM PHAL

JUDGEMENT

(1.) I have heard learned counsels for the parties. Though the evidence led by the parties has not been placed on record and the Trial Court record has not been requisitioned, during the course of arguments, the parties have produced the relevant evidence before this Court from their own record, which have been perused by this Court.

(2.) The present second appeal is directed against the judgment and decree passed by the First Appellate Court, namely, ADJ-06, South Distt., New Delhi in RCA No.12/2014 preferred by the appellant/defendant. By the impugned judgment and decree, the First Appellate Court has dismissed the said first appeal of the appellant and affirmed the judgment and decree passed by the Trial Court, namely, SCJ-cum-RC (North) Delhi in Suit No.99/1999 titled Sh. Ram Phal v. Ram Kishan & Anr. The Trial Court by the said judgment and preliminary decree, has decreed the original suit seeking partition, possession and rendition of accounts/mesne profits.

(3.) The facts in brief are that the plaintiff, Ram Phal and defendant no.1 Ram Kishan were brothers both sons of late Sh. Bahala. Defendant no.2 Raj Pal, who is the appellant herein, is the son of defendant no.1 Ram Kishan. Late Sh. Bahala was the owner of House No.18, Begumpur, Harijan Basti, Near Malivya Nagar, New Delhi, admeasuring 150 sq yds. with construction thereon. The same was shown in the site plan annexed with the plaint in colour red.