GULAM ZILANI Vs. ABDUL RAHMAN AND ANOTHER

JUDGEMENT

(1.) Heard Sri V.C.Tripathi, Advocate holding brief of Sri Neeraj Tripathi, learned counsel for the appellant and Sri Hari Pratap Gupta, Advocate for the respondents.

(2.) The only substantial question of law involved in this appeal is:

(3.) In the present case it is not in dispute that status of defendant as joint owner came into existence before filing of the original suit no.1043 of 1976. This Court in Civil Misc. Writ Petition No.29301 of 2004 (Munshi Lal (deceased) represented by LRs. Vs. Gopal Sao & Ors.) decided on 01.2.2013 (reported in (2013) 92 ARC 494 considering two authorities of Apex Court in Abdul Alim Vs. Sheikh Jamaluddin Ansari & Ors., 1998 (2) ARC 614 : JT 1998(7) SC 192 and M/s. Indian Umbrella Manufacturing Co. & Ors. Vs. Bhagabandei Agarwalla (Dead) by Lrs. Smt. Savitri Agarwalla & ors., JT 2004 (1) SC 200 : 2004 SCFBRC 77 , in paras 16, 17, 18, 19, 24, 25 and 26 said: