AMI LAL Vs. SHYAM LAL

JUDGEMENT

(1.) UNSUCCESSFUL appellant -plaintiff has preferred instant appeal feeling dissatisfied against judgment and decree dated May 01, 2013 passed by ld. Additional District Judge, Bhiwani in Civil Appeal No. 159/2011 while confirming judgment and decree dated August 23, 2011 passed in Civil Suit No. 393 of 2006/2008 by Additional Civil Judge, (Senior Division) Bhiwani whereby suit preferred by appellant -plaintiff "for declaration to the effect that he is owner in possession of 2/3rd share of house bearing M.C. Unit No. Ami Lal versus Shyam Lal Y -1984 shown in red colour with letters ABCD in site plan bounded as under: - -

(2.) CASE of appellant -plaintiff in brief is that previously property in suit was owned by Udmi Ram, father of parties to the suit. After demise of Udmi Ram, it devolved upon Ami Lal, Sham Lal and Mangat Ram to the extent of 1/3rd share each. Vijay Kumar, other brother of parties was already taken in adoption during his childhood by Phool Singh, son of Bhodu Ram. About 08 months prior to institution of suit before trial court, parties to the suit exchanged their 1/3rd shares in the house in dispute situated at Bhiwani with house situated at Fatehpuri, Tappa Dahina, Tehsil and District Rewari. As per said exchange, appellant -plaintiff became owner in possession of 2/3rd share of house situated at Bhiwani whereas defendant became owner of 2/3rd share of house situated at village Fatehpuri, Tappa Dahina, Tehsil and District Rewari.

(3.) FROM the pleadings of parties, following issues were framed by ld. trial court for adjudication of matter: - -