LAWS(DLH)-2018-12-37

NARINDER KHULLAR & ANR Vs. UMESH UPPAL

Decided On December 05, 2018
Narinder Khullar And Anr Appellant
V/S
Umesh Uppal Respondents

JUDGEMENT

(1.) Submissions have been made on behalf of either side qua the aspect of formulation of substantial questions of law.

(2.) The appellants have assailed the impugned judgment of the learned Trial Court of the Court of the Civil Judge-06, Central in Suit No.243/11 and the verdict of the First Appellate Court in RCA No.61071/16 dated 09.07.2018 of the Court of the learned ADJ-04, Central vide which the appeal filed by the appellants herein before the First Appellate Court assailing the impugned judgment of the learned Trial Court was dismissed.

(3.) Vide the suit filed by the plaintiff arrayed as the respondent to the present appeal, the plaintiff had sought the partition of an immovable property contending to the effect that the plaintiff and the defendant nos. 1 & 2 arrayed as the appellants to the present appeal were joint owners of the property bearing No.153-A situated at Khasra no.589/333, Sarai Rohilla, Old Rohtak Road area of Village Chowkri Mubarkabad, Delhi and it was submitted to the effect that the plaintiff i.e. the respondent to the present appeal had purchased half portion of the property bearing No.153-A, measuring about 50 sq. Yds., comprising of one hall with tin roof sheets and the other remaining half portion measuring 50 sq. Yds. of the property was purchased by the defendant no.1 arrayed to the said suit and arrayed on record as appellant no.1 to the present appeal and it had been submitted through the said plaint that the plaintiff and the defendant no.1 had become joint owners of the said property with a total area measuring 100 sq. Yds. and it was further contended that the suit property had not been partitioned by metes and bounds and that the defendant no.1 i.e. the appellant no.1 to the present appeal had transferred his share i.e. 50 sq. Yds. of the suit property in favour of his wife i.e. the defendant no.2 arrayed as appellant no.2 to the present appeal.