MAMAN CHAND Vs. OM PARKASH

JUDGEMENT

(1.) The appellants-defendants have assailed the concurrent findings of fact, whereby the suit of the respondents-plaintiffs for partition of the common wall shown as Mark AB to the extent of half share, has been decreed by the trial Court and affirmed by the lower Appellate Court.

(2.) Succinctly, the facts which emanate from the pleadings of the parties are that the plaintiff instituted the suit on 24/8/1993 claiming that he is owner of two adjoining shops bearing No.65 and 66, measuring 32' x 50' situated at Pillukhera Mandi. The aforementioned shops were purchased from Lila Wati vide sale deed dtd. 23/11/1961. Shop No.67 towards the northern side of the shop of the plaintiff was purchased by the defendants vide sale deed dtd. 26/11/1979. The wall towards northern side of the shop of the defendants, thus, was a joint wall of the property as it was constructed on the common land of the parties. The slabs and certain other things on the wall were laid by both the parties, which was about 30-35 years' old, therefore, claimed the partition as the defendants did not accede to the request for mutual partition.

(3.) The defendants by filing joint written statement contested the suit refuting the claim of the plaintiff viz-a-viz partition. It was averred that the wall, in question, was exclusively owned by the defendants.