CHHABI LAL Vs. RAJVEER SINGH

JUDGEMENT

(1.) HEARD Sri Arvind Srivastava learned counsel for the defendant-appellant and Sri H. M. Srivastava alongwith Sri Neeraj Srivastava learned counsel who has put in appearance by caveat on behalf of the plaintiff respondent No. 1. The respondent Nos. 2, 3, 3/1 and 4 have been described as proforma defendant-respondents being certain purchasers of the land. Since the contesting parties have been heard, this appeal is being decided today itself on the substantial questions of law framed in the memorandum of appeal.

(2.) THIS second appeal has been filed against the judgment and order dated 5.12.2008, passed in Civil Appeal No. 20/2008 by the Additional District Judge IV, Firozabad whereby the defendant's first appeal has been dismissed and the judgment and decree of the trial court issuing an injunction in favour of the plaintiff-respondent against the defendant-appellants has been confirmed.

(3.) HE has also relied upon a decision of the Hon'ble Apex Court in the case of Chinthamani Ammal v. Nandagopal Gounder, 2007 (2) AWC 1619, to state that there is a presumption with regard to continuance of a joint family and the party who raises a plea of partition is to prove the same. Even separate possession of portions of the property by the co-sharers itself would not lead to a presumption of partition.