JAMIT RAI Vs. TARSEM LAL

JUDGEMENT

(1.) This appeal has been filed by the plaintiff against the judgment and decree of the appellate Court dismissing his suit for possession by way of partition.

(2.) The facts of the case briefly are that the plaintiff-appellant instituted the present suit in the trial Court on Jan. 24, 1984, for possession of half share of the house in dispute by metes and bounds on the averments that the residential house and courtyard marked ABCDEFGHI in the site plan is jointly owned by the parties in equal shares and that the plaintiff is in actual possession of the portion shown red in the site plan. The plaintiff has averred that he was not interested in keeping the house joint and wanted to get the same partitioned. The defendant was asked many a times to partition the house, but he kept on avoiding and, hence, this suit.

(3.) The defendant, while contesting the suit, averred that the parties to the suit were real brothers and partitioned the house with the intervention of the village Panchayat and some respectable persons of the village. Northern portion of the house and the vacant site went to the share of the plaintiff whereas the Southern side of the house and vacant site, which had been constructed by the defendant, fell to his share. He raised construction on the portion in his share and installed hand- pump.