MOHAMMED MATEEN Vs. MOHAMMED MEHBOOB

JUDGEMENT

(1.) In this first appeal filed against the judgment and decree dated 30.11.2012 passed in Civil Suit No.393-A/2011 by Third Additional District Judge, Bhopal, the only dispute is regarding declaration of their respective shares in the suit house.

(2.) Brief facts shorn off unnecessary details are that plaintiff- appellant and defendant-respondent are real brothers and had jointly purchased the suit house by a registered sale deed dated 11.06.2002. As per their mutual understanding plaintiff is in possession of the ground floor, whereas first floor and a room built on second floor is in possession of the defendant. Dispute arose between the brothers, and plaintiff filed a suit for partition, declaration of his half share and permanent injunction for restraining the defendant from interfering in his possession.

(3.) The defendant contested the suit and filed the written statement before the trial Court. He though admitted his possession over the first floor and the room on second floor, however, denied the claim of plaintiff regarding joint purchasing of the suit house. It was contended that the entire entire consideration for purchase of the house was paid by him.