JAYENDRAKUMAR NATHALAL PATEL Vs. HIMANSHU A PATEL

JUDGEMENT

(1.) This appeal by the appellant-original plaintiff has been filed being aggrieved and dissatisfied with the judgment and order dated 30/31-1-1985 passed by the learned Judge, City Civil Court No.7, Ahmedabad, in Civil Suit No.3893 of 1982 whereby the suit of the plaintiff was dismissed.

(2.) The case of the plaintiff in short is that a rented shop jointly belonged to the brothers, who are parties to the suit, fell on the name of plaintiff in an oral partition after the death of their father in January, 1977 on the oral understanding of paying Rs.12,000/- each to the respondents. In case of non-payment, interest of Rs.150/- per month would have to be made to each of the defendants till payment. However, since the defendants tried to disturb his possession, the aforesaid suit was filed by the plaintiff.

(3.) Written statement was filed by the defendants resisting the suit contending inter alia that there was no oral partition. It was further contended that amount of Rs.150/- was to be paid by the plaintiff towards their share of profit from the business in the suit shop. It was denied that the plaintiff did not have absolute possession of the suit shop and hence, prayed for dismissal of the suit.