VIDYAWATI Vs. 1ST ADDITIONAL DISTRICT JUDGE BULANDSHAHR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE dispute relates to the share of Deen Dayal-(original respondent No. 2 in the writ petition since deceased and survived by legal representatives) in the properties in dispute which consist of a big house (Haweli) and three shops. It is admitted to the parties that in the shops Deen Dayal had 5/6 share. THE main dispute is regarding his share in the Haweli. According to the petitioners Deen Dayal had only 1/3rd share in the Haweli however according to Deen Dayal his share in the Haweli was also 5/6.

(3.) THEREAFTER, proceedings were initiated for preparation of final decree in the partition suit. Deen Dayal filed objections that his share in the Haweli should also be held to be 5/6 in view of order passed under E.E. Act. The plea was rejected by the trial Court on 20.12.1943 and appeal filed against the said order was also dismissed by this Court on 8.4.1954. THEREAFTER it appears that on 27.8.1957 execution application of Deen Dayal was allowed and he was given 1/3rd share in the Haweli.