BANARSI DASS Vs. MADHO RAM

JUDGEMENT

(1.) Defendants, Banarsi Dass and Sadhu Ram, have preferred the Regular Second Appeal against the judgment of Shri N. K. Jain, Additional District Judge, Ambala dated 19-10-1979 whereby allowing the appeal he has passed a preliminary decree for partition of the property in favour of the plaintiff-respondent holding him entitled to 1/3rd share in the disputed property.

(2.) Uncontroverted facts are that the plaintiff-respondent Madho Ram and defendant-appellants Banarsi Dass and Sadhu Ram are sons of deceased Ram Parshad; Smt. Mohni Devi, their mother, who died few months after filing this suit by plaintiff-respondent. House Nos. 1947 and 1964 are in possession of defendant-appellant Banarsi Dass; house No. 1976 and one portion of house No. 1977 are in possession of defendant Sadhu Ram; while plaintiff is in possession of another portion of house No. 1977.

(3.) In a nutshell, plaintiff's case was that these houses mentioned above are ancestral properties of the parties. After their father's death, plaintiff as well as defendants inherited this property. Plaintiff was employed at Udham pur. Defendant No. 1 being the eldest member in family, after the death of their father, managed the suit properties. He in connivance with defendant No. 2 partitioned the properties among themselves. Plaintiff was not called to take part in the partition talks. Defendant No. 1 took two houses 1964 and 1947; defendant No. 2 took 1976 and portion No. 1 of the house No. 1977 and they spared only portion No. 2 of house no. 1977 for the plaintiff which is in his possession. Plaintiff averred that he is entitled to 1/3rd share in the whole of the suit property. He asked his brothers to give him 1/3rd share therein. As they declined, he gave them a notice for partition also. But as his prayer was not acceded to by the defendants, he filed this suit claiming his 1/3rd share in the property and praying for partition thereto.