HARDEO Vs. MAHADEO AND ANOTHER

JUDGEMENT

(1.) THIS is a plaintiffs appeal.

(2.) THE plaintiff-appellant instituted a suit against the defendants on the allegations that the parties were real brothers, that the plaintiffs share in the house and the land in front of the same was one-third and that it be partitioned and given over in his possession. The defendant-respondents resisted the suit on a variety of grounds.

(3.) ON appeal the learned civil Judge took the view that as the plain tiff-appellant had claimed partition of only a part of the joint family property the suit was not maintainable. He, therefore, did not go into the question of jointness of the property in suit and left the same open but allowed the appeal and dismissed the suit on the ground that it was barred by the principle of law that joint family property cannot be partitioned piecemeal. This appeal is directed against the order.