ANIL KUMAR Vs. MADAN GOPAL

JUDGEMENT

(1.) THIS is a defendants' appeal and has been directed against the judgment and decree dated 11.1.1999, passed by the Addl. Distt. Judge, Muktsar, who dismissed the appeal of the appellants by affirming the judgment and decree of the trial court who granted a declaration in favour of the plaintiff that he is the owner to the extent of 1/10th share in the suit property.

(2.) THE brief facts of the case are that Madan Gopal, plaintiff-respondent No. 1, filed a suit for declaration to the effect that he was the owner in possession of the suit property to the extent of 1/10th share. The defendant No. 1 Des Raj had purchased the share of Sham Lal, Raj Kumar, Som Parkash and Krishan Lal sons of Jagan Nath, while Shanti Devi had sold her share to Gian Chand vide sale deed dated 27.12.1988. Rama Devi, deceased, who is represented by the present appellants, had purchased the share of Amrit Lal, Dwaraki Devi and Krishan Lal, vide sale deed dated 17.9.1964. Since, the property was joint and the respondents were utilising the mense profits of the property to the exclusion of the plaintiff, therefore, he wanted to get his share in the suit property separated by metes and bounds.

(3.) FROM the above small pleadings of the parties the following issues were framed by the trial court :-