RAM AVTAR Vs. SANJAY KUMAR

JUDGEMENT

(1.) RAM Avtar, who was one of the eight defendants in the suit filed by Sanjay Kumar and six others (the plaintiffs, now respondent Nos. 1 to 7) for possession by way of partition, has filed this appeal assailing the judgment and decree dated 4.9.1997 passed by Additional District Judge, Faridabad (hereinafter described as 'the lower Appellate Court'). Rest of the defendants have been arrayed as proforma respondents.

(2.) BY way of the suit, partition was sought qua the property of Jagni Mal, the predecessor-in-interest of the parties. The pedigree table reflecting their inter se relationship is reproduced below :- Jagni Mal had three sets of properties which are as under :-

(3.) ACCORDING to that award, out of two shops as detailed in para (a) above, one shop i.e. Western shop and the dilapidated house detailed in para (b) which was mortgaged with Bishamber Dayal, were given to Rattan Singh, (defendant No. 7, now respondent No. 7). Half portion of the eastern shop and some portion of the house detailed in para) were given to Ram Kishan, (father of present respondent Nos. 1 to 5 and husband of respondent No. 6). Southern portion of the property detailed in para) was given to Ramesh Chand (arrayed as respondent No. 1 in the present appeal). Half portion of the eastern shop detailed in para (a) and a portion of the house in detailed in para) were given to Ram Avtar (now appellant). The properties detailed in paras (a), (b) and) above were to be owned and possessed by Jagni Mal during his life time and the award was to be given effect to after his death in the aforesaid manner.