PARKASH Vs. BHAGWANI

JUDGEMENT

(1.) THIS is defendants' appeal filed against the order of the learned appellate Court, partly allowing the appeal filed by the Plaintiff -respondents and, thereby partly decreeing the suit. The facts of the case are as under: -

(2.) ONE Shankar Lal who was the husband of respondent No. 1 and also the father of Plaintiff -respondent No. 2 as also the appellant died in the year 1947 leaving his legal heirs -the aforesaid persons. The present appellant Parkash filed a civil suit against Sukh Lal regarding the property in dispute in the present proceedings and this suit was decreed on 14.3.1985 with a direction that the share of Sukh Lal aforesaid fell to the share of Parkash - appellant. Thereafter, Plaintiff -respondents No. 1 and 2 Smt. Bhagwani and Jag Ram filed the present suit on Sept 24, 1985 praying for a declaration and permanent injunction that Smt. Bhagwani was owner of the property in dispute. The lower appellate Court, however, gave a finding that in view of the law on the subject, Smt. Bhagwani and Jag Ram were owners to the extent of l/4th share in the property but the decree dated 14th March, 1985 in favour of the appellant Parkash was also held to be valid. Aggrieved by the aforesaid judgment and decree, the present appeal has been filed.

(3.) AFTER hearing the learned counsel for parties and after going through the records, I find that the assertion of Mr. Jain is correct, through in part. In para 9 of the plaint filed by Plaintiff -respondent, it has been clearly mentioned that the decree with regard to the owner in possession of the property that was sought from the Court was with respect to Bhagwani alone and that Jag Ram Plaintiffs -respondent No. 2 was not claiming any share on his behalf.