JAI PARKASH Vs. SMT INDIRA RANI AND ANR

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of the Courts below by which suit of the Plaintiff/Respondent No. 1 for declaration has been decreed to the effect that the Plaintiff is owner of 2/3rd share of the tractor in question.

(2.) In brief, the case set up by the Plaintiff is that she along with Defendant Nos. 1 and 2, who happened to be her real brothers, purchased Tractor bearing No. HYB-5103, Mark Ford 3000, Model 1975. Her brother Ram Kuwar had transferred his 1/3rd share in favour of the Plaintiff by way of an affidavit. The Plaintiff then claimed 2/3rd share in the said tractor and 1/3rd share was owned by the present Appellant Jai Parkash. The learned Courts below assessed the value of the tractor to the tune of 60,000/-, out of which an amount of 40,000/- fell to the share of the Plaintiff, being the owner to the extent of 2/3rd share.

(3.) At the time of notice of motion on 29.04.2010, learned Counsel for the Appellant had shown his willingness to deposit 40,000/- before the Executing Court. The following order was, thus, passed: