CHANDER BHAN Vs. GOBIND LAL

JUDGEMENT

(1.) LEGAL representatives of original defendant Moten Dass have filed the instant second appeal having remained unsuccessful in both the courts below.

(2.) SUIT was filed by Gopi Ram (since deceased and now represented by respondents as his legal representatives). Original plaintiff and defendant were real brothers. The plaintiff alleged that both of them jointly purchased one-fourth share in the disputed shop vide sale deed dated 06.09.1971 and accordingly, plaintiff and defendant had 1/8th share each in the said shop. Relations between the parties became strained and therefore, the plaintiff sought possession of his half share of the disputed shop by partition.

(3.) LEARNED Civil Judge (Senior Division), Panipat, vide judgment and decree dated 15.09.2009, decreed the plaintiff's suit. The suit was decreed for possession by partition. First appeal preferred by legal representatives of defendant has been dismissed by learned Additional District Judge, Panipat, vide judgment and decree dated 15.1.2009. Feeling aggrieved, legal representatives of defendant have preferred the instant second appeal.