ARPAN NARAYAN PANDIT Vs. ASHIT NARAYAN PANDIT

JUDGEMENT

(1.) The present challenge has been preferred against the dismissal of a partition suit filed by the plaintiff/appellant, on the ground that the same is not maintainable in view of the plaintiff/appellant having failed to prove the title of Asim Narayan Pandit, the alleged original owner of the property, through whom all the parties claim their title.

(2.) Learned counsel for the appellant submits, by placing reliance on the relevant paragraphs of the plaint, particularly paragraph nos. 4 to 10 thereof, that the plaintiff clearly asserted the title of the ancestor Asim Narayan Pandit as well as the shares of the parties in the suit property in the averments made in the plaint.

(3.) In paragraph nos. 9, 13 and 14 of their written statement, it is submitted, the only contesting defendants, being defendant nos.1 and 2 (respondent nos.1 and 2 herein), virtually reiterated the plaint case as to title and shares of the parties.