GOPINATH SARMA Vs. HANGSANATH SARMA AND ANR.

JUDGEMENT

(1.) THIS is a second appeal from the judgment and decree of the Special Subordinate Judge, A. Y. D., dated 17th April 1946, by which he affirmed the judgment and decree of the trial Court which had dismissed the plaintiff's suit with no order as to costs.

(2.) THE plaintiff brought a suit for a declaration of his right, title and interest in the property in suit and for possession. The plaintiff and the defendants are brothers, and until 16th Ashar 1850 B.S., were members of a joint Hindu family. They owned certain ancestral and self -acquired movable and immovable properties, which they partitioned on 16th Ashar 1850 B. S. Among the properties involved in the partition was the house in suit, valued at Rs. 120, and it was agreed between the three brothers that on the appellant paying a sum of RS. 80 to the other two brothers for their 2/3 share, the house would stand allotted to the appellant. The appellant paid RS. 80 to his brothers, the two defendants, but later when he attempted to dismantle the house and remove the materials, the defendants resisted him, as a result of which he brought the present suit.

(3.) UPON the pleadings, the trial Court framed the following issues: