SHYAM SUNDER Vs. HARI RAM

JUDGEMENT

(1.) The defendant No.2 is in second appeal before this Court against the concurrent findings/ judgments and decrees of the learned Courts below whereby the suit of the plaintiff/respondent no.1, for partition of suit property as described in the plaint; has been decreed with costs and the plaintiff has been held entitled for separate possession by way of partition to half share of the suit property that is the residential haveli.

(2.) The parties shall hereinafter be referred to as per their status before the learned trial Court i.e. the appellant is defendant No.2 and the contesting respondent No.1 as plaintiff.

(3.) The present litigation is between two real brothers. The plaintiff had filed the present suit on 1/8/2005 for partition of his half share in the residential Haveli/The suit property which was surrounded as follows: East: shop of Pannalal; West: Street measuring 3 feet; North: Road; South: Street measuring 3 feet. The plaintiff had filed the present suit with the assertion that the suit property is ancestral in nature. To appreciate the controversy at hand, it will be helpful to refer to the pedigree table of the parties, which is as under:- <IMG>JUDGEMENT_121_LAWS(P&H)1_2025_1.jpg</IMG>