MITTHOO LAL Vs. GOPAL CHAND

JUDGEMENT

(1.) THIS is a defendant's appeal against the judgement and decree dated 29-8-1968 passed by the Civil Judge, Etawah, confirming the preliminary decree for partition dated 10-7-1967 passed by 1st additional Munsif, Etawah in Original Suit No. 489 of 1963.

(2.) ONE Parmeshwari Das had 5 sons including Tara Chand, father of the respondent Gopal Chand, Mitthoo Lal, appellant and Shambhu Dayal. The respondent claimed half share in 3 shops detailed at the foot of the plaint situate in the town of Etawah. The property in dispute was valued at Rs. 7680/- as found by the Additional Munsif in his order dated 10-9-1966. The respondent, therefore, valued the suit at Rs. 3840/-. These shops were purchased from one Abdul Rahman by sale deed dated 20-10-1930 Ex. A-19. This sale deed is in favour of the appellant and his brother Tara Chand, father of the respondent.

(3.) DEFENCE of the defendant appellant was that he was the exclusive owner of the eastern shops shown in yellow colour, that in fact he alone had purchased the shops through Abdul Rahman, that the name of Tara Chand was just fictitious and ostensible, that the suit was barred by time as the respondent was not in possession of the disputed shop.