GAURISHANKAR Vs. HALKURAM

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) PLAINTIFF/appellant and defendants/respondents No. 1 and 2 are real brothers. PLAINTIFF instituted a suit for declaration of title and perpetual injunction with allegations that the land left by his father was earlier partitioned on 27.1.2003 which was acknowledged on an affidavit on 4.6.2003. PLAINTIFF prayed that his share may be accepted as per aforesaid partition and he may be declared Bhumiswami and occupant accordingly. Perpetual injunction was also sought against defendants/respondents No. 1 and 2 restraining them from interfering into plaintiff's possession as per aforesaid partition.

(3.) SHRI D.D. Bansal, learned counsel for the appellant submitted that the suit has been dismissed with perversity inasmuch as entire material evidence has not been taken into consideration in correct perspective.