JAI BHAGWAN VERMA Vs. MAHESH LATA

JUDGEMENT

(1.) This second appeal has been preferred against the judgment and order of the First Appellate Court dated 07.4.2008 whereby the learned District Judge set aside the Trial Court judgment and decree dated 03.5.2006 remanding the whole matter for readjudication after framing an additional issue to the effect "whether the parties have entered into the oral division of the property as mentioned in the Schedule-B at the end of the plaint". This second appeal was admitted by the coordinate Bench of this Court on 01.8.2008 on the following substantial question of law:-

(2.) Having heard the rival contentions of either of the parties, it transpires that an O.S. No.105 of 2002 was instituted by Shri Jai Bhagwat Verma against his own family member Smt. Mahesh Lata seeking the decree of partition of the whole property as had been highlighted in Schedule A and B at the end of the plaint.

(3.) The defendant Smt. Lata presented her written statement in May, 2002 with the pleading accepting the joint ownership on the property of Schedule-A while the property of Schedule-B was stated to have already been partitioned ten years ago by way of oral settlement between the parties, and in such partition, the eastern portion of such property fell in the share of the defendant while western portion in the share of plaintiff and this pleadings gains the strength from the provisional construction like tin shed erected by the defendant on her portion and godown erected by plaintiff in his portion, which was later on leased out to some Mr. Nand Chand Aggarwal.