MANOHAR LAL Vs. VED PRAKASH SHARMA

JUDGEMENT

(1.) Heard Ms. Rama Goel Bansal, learned counsel for the appellant and Sri Sangam Singh, learned counsel for the respondent.

(2.) This second appeal has been filed by the defendant-appellant being aggrieved by the judgment, order and decree dated 17.04.2017 passed by the learned Additional District Judge, Court No. 6, Mathura in Civil Appeal No. 51 of 2013 whereby on an appeal preferred by the defendant, learned Additional District Judge has affirmed the findings recorded by the learned Court of Civil Judge (Junior Division), Chhata, Mathura in Original Suit No. 155 of 2009 vide its judgment and order dated 28.12.2013.

(3.) Plaintiff's case before the learned Trial Court was that certain ancestral properties were left and had come in joint possession of the plaintiff and the defendant who are real brothers. In the year 2002, partition had taken place in relation to a property situated at Brahamanpuri bearing old number 729 which was in the condition of a ruin. After the partition, plaintiff in the half portion of such property, got constructed a house from his own income in the knowledge of the defendant and such half portion is now marked as house no. 2557 by the Nagar Palika Parishad, Kosi Kalan. Total area of this is about 75 sq. mts.