REGENT COMPUTRONICS PVT. LTD.

Phagoo Appellant

V/S

GOKARAN Respondents

Referred Judgements :-

NASRATULLAH V. MUJIBULLAH [REFERRED TO]
SONI V. MUNSHI [REFERRED TO]
BISHESHAR DAS AND ANOTHER V. RAM PARSHAD AND ANOTHER [REFERRED TO]
MADAN MOHAN V. BAIKANTA NATH [REFERRED TO]
MARIA MANESSA BIBI V. JOYANAN BIBEE [REFERRED TO]
SETHU RAMA SAHIB V. CHETHU RAMA SAHIB [REFERRED TO]
SHAUKAT ALI V. KAMAL ALIAS ABDULLA [REFERRED TO]
KAMLA DEVI V. SUNNI CENTRAL BOARD OF WAQFS,U.P.,LUCKNOW THROUGH ITS SECRETARY AND ANOTHER [REFERRED TO]
MADHURA GRAMANI V. SESHA REDDY [REFERRED TO]
NANCHAPPA GOUNDEN V. IUICHANA MANNADIAR [REFERRED TO]
MADHURA GRAMANI V. THUMALA SESHA REDDY [REFERRED TO]
KIZHAKKE VATTAKANDIYIL MADHAVAN V. THIYYURKUNNATH MEETHAL JANAKI [REFERRED TO]
CHEROTTE SUGATHAN V. CHEROTTE BHARATHI [REFERRED TO]
GUMMALAPURA TAGGINA MATADA KOTTURUSWAMI VS. SETRA VEERAWA [REFERRED TO]
DINDAYAL VS. RAJARAM [REFERRED TO]
VELAMURI VENKATA SIVAPRASAD D VS. KOTHURI VENKATESWARLU D [REFERRED TO]
HIRA LAL VS. HARI NARAIN [REFERRED TO]
G VENKAYAMMA VS. G VEERAYYA [REFERRED TO]
ASHA SHARMA VS. AMAR NATH [REFERRED TO]
GOSTHA BEHARI BERA VS. HARIDAS SAMANTA [REFERRED TO]
LAXMI DEBI VS. SURENDRA KUMAR PANDA [REFERRED TO]
SANSIR PATELIN VS. SATYABATI NAIKANI [REFERRED TO]
GANGADHAR CHARAN NAGA GOSWAMI VS. SM SARASWATI BEWA [REFERRED TO]
THAILAMBAL AMMAL VS. KESAVAN NAIR [REFERRED TO]
SANKAR PRASAD KHAN VS. USHABALA DASI [REFERRED TO]
MANOHAR LAL BEHARI LAL VS. ONKAR DAS ALIAS OMKAR DASS [REFERRED TO]
MUKHA SINGH VS. RAMCHARITER SINGH [REFERRED TO]
HARAK SINGH VS. KAILASH SINGH [REFERRED TO]
KANNIKANDATH KIZHE PURAKKAL VELLA S SON VS. KANNIKANDATH KEZHE PURAKKAL [REFERRED TO]
MANAKKAL NADAKUMAR, S/O. LATE NARAYANA VARRIER, AGED 56 YEARS, TEACHER, RESIDING AT NAVASAMEDAM, EAST NADA, PAYYANNUR SUBRAMANYA SWAMY TEMPLE, PAYYANNUR AMSOM DESOM, P.O. PAYYANNUR VS. M. SUBRAMANYAN, S/O. LATE LAKSHMIKUTTY VARASSYAR, AGED 74 YEARS, SCHOOL MANAGER, RESIDING AT EAST NADA, PAYYANNUR, SUBRAMANYA SWAMY TEMPLE, PAYYANNUR AMSOM DESOM, P.O. PAYYANNUR, PIN [REFERRED TO]

JUDGEMENT

(1.) This is a defendant's second appeal arising out of a preliminary decree for partition.

(2.) Gokaran, the sole plaintiff of Original Suit No. 20 of 1972, instituted a suit for partition of four houses, shown in the schedule, with their own boundaries at the foot of the plaint, giving rise to the suit and all located in Plot No. 854/29. The plaintiff demanded partition of his 1/3rd share in the four houses aforesaid, hereinafter referred to as 'the suit property', that he claimed against the defendants on the basis of a registered saledeed dtd. 13/12/1971, executed in his favour by Smt. Jashoda widow of Patiraj. The suit property was originally owned by one Tirath Ram son of Patiraj, who had acquired it of his own exertions. Tirath Ram died on 14/10/1967. Smt. Jashoda was his mother. She executed a registered saledeed dtd. 13/12/1971 of her 1/3rd share in the plaintiff's favour. The plaintiff, besides seeking a decree of partition and separate possession, prayed that a decree for the recovery of a sum of Rs.2,136.00 be passed against defendant Nos. 1 and 2, and another for Rs.840.00against defendant Nos. 6 and 7, on account of his proportionate share in the rent that the said defendants had realized from the tenants in the suit property.

(3.) A moreful description of the facts, leading to this appeal, would be necessary. But, before a reference to the facts, it would be apposite to refer to the following pedigree, which the Lower Appellate Court has relied upon and shows the accurate relationship of parties, who were the original owners of the suit property:

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PHAGOO Vs. GOKARAN

Referred Judgements :-

JUDGEMENT

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