KANHAIYA JI MISRA Vs. NARAIN JI MISRA

JUDGEMENT

(1.) G. S. N. Tripathi, J. This appeal has been directed and the concurrent judgment of the courts below, whereby the plaintiff's suit has been decreed and the 1st appeal filed by the defendant has been dismissed by the IVth Addl. District Judge, Ballia, vide his judgment and decree dated 5. 10. 78.

(2.) THE plaintiff respondent filed O. S. No. 47/74 for partition of the dis puted house. Admittedly, Pt. Pashupati Misra was the father of the plaintiff No. 1 and grandfather of defendants 1 and 2 Pt. Pashupati Misra had two sons - Brahm Dutt Misra and Vishnu Dutt Misra, defendants 1 and 2 are the sons of Vishnu Dutt, deceased. According to the plaintiffs, the disputed property was self-acquired property of Pt. Pashupati Misra and after his death, both the sons - Brahm Dutt and Vishnu Dutta, father of respondents (deceased) had acquired interest and they are in possession accordingly to the extent 2 j share each but there was no partition by metes and bounds. Of late, the defendant had disputed the joint possession of the plaintiff and their interest. THErefore, the suit was filed for the reliefs aforesaid.

(3.) FEELING aggrieved, the defendant filed the appeal No. 26/78, which was heard and decided by the then IVth Addl. District Judge, Ballia vide his judg ment dated 5-10-78 as aforesaid. The learned 1st appellate court has confirmed the findings of the learned trial court and dismissed the appeal.