JUGAL KISHORE Vs. NIRMAL

JUDGEMENT

(1.) By way of present appeal, challenge has been laid to the judgments and decrees dtd. 14/2/2020 and 7/4/2021 passed by the respective Courts of Additional Civil Judge (Senior Division), Sirsa (hereinafter to be referred as "trial Court") and Additional District Judge, Sirsa (hereinafter to be referred as "First Appellate Court"), whereby a suit for partition filed on behalf of the appellant-plaintiff stands dismissed.

(2.) Briefly stating, the appellant-plaintiff filed a suit for partition qua three godowns bearing old M.C. No. 8/131/new M.C. No. SRS B-8/171, godown damaged premises bearing old M.C. No. 8/133/new M.C. No. SRS B-8/173-A and godown damages premises old M.C. No. 8/135/new M.C. No. SRS B-8/173 (B), situated at Gali Dhana Katli Wali, Neharia Bazar, Sirsa, claiming 1/5th share therein being successor of deceased-Banwari Lal (father). It was pleaded that respondent Nos. 1 to 4-defendant Nos. 1 to 4 being brothers of appellant-plaintiff were entitled for 1/5th share each, whereas the fifth brother, i.e. respondent No. 5-defendant No. 5 (Bimal Kishore) having already settled his rights, was not entitled to any claim in the subject property.

(3.) A detailed written statement was filed on behalf of all the defendants except defendant Nos. 3 (ii) and 3 (iv), who were later proceeded against ex parte. In the written statement, it was pleaded that on an earlier occasion as well, the appellant-plaintiff filed a similar suit for declaration and partition during the life-time of Banwari Lal; though the said suit was dismissed by the trial Court vide judgment and decree dtd. 16/1/1982, however, on an appeal preferred by the appellant-plaintiff, a settlement was arrived at between the parties on 30/1/1985, whereby the appellant-plaintiff was given one godown bearing No. 3645 alongwith a sum of Rs.20,000.00 in cash as full and final settlement and thus, the present suit was not maintainable.