JETHALAL Vs. JINENDRA KUMAR

JUDGEMENT

(1.) PARTIES are heard.

(2.) THE petition is admitted for hearing.

(3.) THE plaintiff had filed a suit for declaration and injunction against the respondent-defendant on the foundation that upon intervention of the certain relations, the property was partitioned and the document was written on 8.10.1980 and as mentioned in the document the title over the disputed property was given to the plaintiff, he was entitled to retain the possession of the same and was also entitled to a declaration of his title. The defendant filed his written-statement denying the material allegations but, however, submitted that the document dated 8.10.1980 was illegal and was inadmissible in evidence, it was not on proper stamps nor was it registered. It was also submitted by the defendant that the document dated 8.10.1980 was not a memorandum of partition and, therefore, the plaintiff could not be held to be in inclusive possession of the property.