SURESH AND ORS. Vs. VIRENDER SINGH

JUDGEMENT

(1.) PLAINTIFFS -Suresh etc., who were successful in the trial Court, but have been non -suited by the lower appellate Court, are in second appeal.

(2.) PLAINTIFFS are six sons and widow of Udayvir Singh who was brother of defendant -respondent -Virender Singh. Plaintiffs' case is that their predecessor Udayvir Singh and defendant -Virender Singh jointly purchased plot being western 1/4th share of Killa No. 46/12/2 measuring 1 kanal 12 marlas whereas their sister Shanti Devi purchased the remaining 3/4th eastern part of the said killa. Udayvir Singh and defendant jointly constructed house over their 1/4th western portion and started residing therein. Plaintiffs sought partition of the said house claiming half share therein.

(3.) LEARNED Additional Civil Judge (Senior Division), Faridabad vide judgment and decree dated 12.01.2008 decreed the plaintiffs' suit for partition and passed preliminary decree of partition. However, first appeal preferred by the defendant has been allowed by learned Additional District Judge, Faridabad vide judgment and decree dated 29.11.2008 and thereby suit filed by the plaintiffs stands dismissed. Feeling aggrieved, plaintiffs have filed the instant second appeal.