NAND KISHORE Vs. JUGAL KISHORE (DECEASED)

JUDGEMENT

(1.) By this order, I shall be disposing of RSA Nos.3614 and 3665 of 2011, arising from a connected suits filed by the same parties.

(2.) The plaintiff-Jugal Kishore had filed two suits for a separate possession by way of partition of the two houses. It was the case of the plaintiff that the property belongs to his mother and after her death, the plaintiff is co-owner in the property.

(3.) Learned trial Court dismissed the suits. However, learned First Appellate Court after re-appreciation of the evidence available on the file decreed both the suits and held that oral family settlement as alleged has not been proved. The Court has further held that the payment of Rs. 15,000/- is also not established on the file.