KAPOOR AND ORS. Vs. JAGDISH AND ORS.

JUDGEMENT

(1.) CONTESTING Defendants No. 1 to 6 having failed in both the courts below are in second appeal.

(2.) SUIT was filed by Respondent No. 1 -Plaintiff Jagdish against Appellants and against proforma Respondent Nos. 2 to 4 as proforma Defendants No. 7 to 9, for partition of two plots No. 3572 and 3648 alleging that parties are descendants of common ancestor Hardutt from his two wives Udi and Siriya. Plaintiff and proforma Defendant Nos. 7 to 9 are descendants from Udi, whereas Defendants No. 1 to 6 are from Siriya. Hardutt had five sons out of whom one Kamal Dutt died issueless and Jawala Dutt had two sons and both died issueless. Plaintiff and proforma -Defendant Nos. 7 to 9 are descendants of Kanshi Dutt son of Hardutt, whereas, Defendant No. 1 to 6 are descendants of Munnidutt and Chunnidutt sons of Hardutt. Plaintiff claimed half share in the suit plots for himself and proforma Defendant Nos. 7 to 9, leaving the other half share for Defendant Nos. 1 to 6.

(3.) LEARNED Civil Judge (Senior Division), Jhajjar vide judgment and decree dated 16.08.2005 decreed the Plaintiff's suit holding that Plaintiff and proforma Defendant Nos. 7 to 9 have 1/3rd share in the suit plots. Some other ancillary directions were also given. Preliminary decree for partition was accordingly passed. First appeal preferred by Defendant Nos. 1 to 6 has been dismissed by learned Additional District Judge, Jhajjar vide judgment and decree dated 23.12.2006. Feeling aggrieved, Defendant Nos. 1 to 6 have preferred the instant second appeal.