SUKHDEV SINGH GAMBHIR Vs. AMRIT PAL SINGH GAMBHIR

JUDGEMENT

(1.) THIS appeal arises out of the judgment dated 07th August, 2006 delivered by the learned Single Judge declaring the plaintiff-appellant to be the owner of l/4th share of the suit property.

(2.) THE facts of the case briefly stated are as follows:-

(3.) THE counse1 for the plaintiff- appellant has challenged the above judgment and has contended that the only appropriate course of action which should have been followed by the learned Single Judge would have been to sell off the property and not partition it as the value of the partitioned property gets reduced and the partition leading to the strip marked as 'a 'falling to the appellant's share is not capable of enjoyment by the appellant. The counsel for the respondents while opposing that plea contended that the other co-owners, who are the brothers and father of the plaintiff-appellant, do not want to sell off the property and also wish to continue to live jointly.