SHANTI AND ANR Vs. RAM AVTAR AND ORS

JUDGEMENT

(1.) This is second appeal by plaintiffs who were successful in the trial court but have been non-suited by the lower appellate court.

(2.) Ram Kumar, Girwar and Ishwar were three brothers. Plaintiffs are widow and daughter of Ram Kumar. Girwar and Ishwar were the two defendants. Girwar has since died and is represented by respondents No. 1 to 4 as his legal representative whereas Ishwar defendant No. 2 is respondent No. 5. All the three brothers had 1/3rd share in the suit property i.e. land measuring 2 kanals 12 marlas comprised of plot Nos. 419(1-6) and 422 (1-6); one house measuring 195 square yards and one Nohra measuring 151 square yards. The plaintiffs who are successors in interest of Ram Kumar had 1/3rd share in the suit property.

(3.) In the suit, the plaintiffs alleged that the suit property is still joint. No partition ever took place. Accordingly, the plaintiffs sought partition of the suit property.