ADARSH AGARWAL S/O SRI SHYAM BEHARI LAL AND SMT. MEERA AGARWAL W/O SRI ADARSH AGARWAL Vs. SMT. MANJU AGARWAL W/O DR. RAJENDRA PRASAD AGARWAL,

JUDGEMENT

(1.) Heard Sri Sarvesh Agarwal counsel for the appellant and Sri Deepak Sharma counsel for the respondent No. 1.

(2.) Present appeal has been filed against the judgment and decree dated 1.9.2003 passed by the Additional District Judge, Nainital in Civil Suit No. 165 of 1996.

(3.) Briefly stated the plaintiff Smt. Manju Agarwal has filed a suit for division and for possession over 1/3 share of the property in suit. The plaintiff has alleged that the father of the plaintiff and defendant No. 1 and 2 late Sri Saligram was a rich person and was doing business in the name and style M/S Ratan Lai Kishan Lak. He died in the year 1962 and has left behind the plaintiff, defendant No. 1 and 2 and his wife Smt. Premwati. According to the plaintiff all the above legal heirs of the deceased Saligram had 1/4 share in his property. Smt. Premwati widow of Sri Saligram also expired on 5.10.1984 and on her death the share of the plaintiff in the property of late Sri Saligram has become 1/3.