GAURI SHANKAR Vs. RAM CHARAN AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the appellants.

(2.) This is a defendant's second appeal, which arises out of a suit for partition and is directed against the judgment and decree dated 11.8.2000 whereby the appeal filed by the defendants-appellants was dismissed by the Court below.

(3.) It appears that the plaintiffs-respondents filed a suit for partition of property in dispute claiming that the said property was the property of the Joint Hindu Family, that there has been no partition and therefore, the property in dispute was liable to be partitioned. The suit was contested by the defendants-appellants. It was pleaded that there has been a mutual partition, therefore, the suit for partition was legally not maintainable and that there was certain property, which was joint family property but was in the hands of Karta, the partition of which was not sought, therefore, the suit according to him, was bad for partial partition. The trial court, on the basis of the pleadings of the parties, framed relevant issues. The parties, in support of their cases, produced evidence, oral and documentary. The trial court after going through the material on the record, recorded findings in favour of the plaintiffs and decreed the suit by judgment and decree dated 21.2.1997. Aggrieved by the judgment and decree passed by the trial Court, the defendants appellants filed Civil Appeal No. 12 of 1997 before the Court below. The Court below has also affirmed the findings recorded by the trial Court and dismissed the suit by judgment and decree dated 11.8.2000. Hence, the present second appeal.