BHURIYA Vs. RAM KALI

JUDGEMENT

(1.) THIS regular Second Appeal is directed against the decree dated the 21st of October, 1963, of Shri Om Parkash Sharma, Additional District Judge, Rohtak, accepting the defendant's appeal challenging the decree of the trial Court by virtue of which the plaintiffs claim for possession, by partition, of half share of a house situated within the municipal limits of Ferozepore Jhirka, was accepted.

(2.) THE following pedigree table is of assistance in appreciating the facts leading to this Regular Second Appeal : KURE | Goddar | -------------------| | Bhondu Mal Jawahar Lal | | Hari Parshad = Ram Kali (Defendant) Bhuria Mal (Plaintiff )

(3.) THE suit of the plaintiff, which was instituted on the 28th of August, 1961, was based on the allegations that the house in dispute originally belonged to his grand-father, Goddar, from whom it had descended to the parties who owned it in equal shares. The correctness of these allegations was denied by the defendant who asserted that she was the sole owner of the house as a result of the gift from her father-in-law who had built a potion thereof in 1931. The parties went to trial on the following issues :- (1) Is the property in dispute joint of the parties ? If so, in what shares ? (2) Relief.