DWARKE PRASAD Vs. KISHAN LAL

JUDGEMENT

(1.) This is plaintiffs appeal directed against the judgment and decree of the II Additional Civil Judge, Agra, dt. 7th March, 1970.

(2.) The dispute relates to a portion of the building known as Daulat Niwas situate in Agra. The following pedigree serves to elucidate the relevant fact :-

(3.) According to plaintiffs case his father made purchase of one-third share, pertaining to the branch of Shyamlal, in this building in execution of decree dt. 16th Aug., 1950, in Original Suit No. 104 of 1948. The decree holder obtained joint possession along with other co-sharers and symbolic possession against the existing tenants on 10th Feb., 1956. The principal relief sought in the suit, instituted in 1958 giving rise to this appeal, is partition of one-third share coupled with actual possession. There are other reliefs claimed also, a reference to which will be made below. The defendants resisted the suit pleading, inter alia, that this was bad for multifariousness. Preliminary issue on this point was decided by the trial Court against the plaintiff on 15th Sept., 1969. On the basis of the findings thereon the entire suit was dismissed on 7th March, 1970.