VISHWANATH GUPTA Vs. PARBATI DEVI

JUDGEMENT

(1.) This second appeal has been filed by a defendant who has lost in both the courts below.

(2.) The case with which the plaintiff respondents approached the court was that they were co-sharers of a Gola (granary) known as Gola Babu Lalji situate in the city of Gorakhpur. The defendant had only half share in that Gola, in spite whereof he constructed a tin-shed on a portion of the Gola denoted by letters A B C D in the sketch plan at the foot of the plaint. The plaintiffs asked him to remove the construction but with no result. Hence, they had to bring the suit, inter alia, for the recovery of joint possession over the portion of Gola covered by the tin-shed as well as for removal of tin-shed by its demolition.

(3.) The defendants contested the suit and claimed to be the exclusive owner of the property over which he had constructed the Gola. His case was that the portion of the Gola over which he had made the construction fell to his share in a partition between the various co-sharers in the year 1950. The plaintiffs, therefore, could not seek any decree in respect thereof. They also pleaded that the valuation of the suit had deliberately been shown to be less than the real value of the subject matter. Some other pleas were also taken.