SURENDER KUMAR JAIN Vs. MADHU GUPTA AND ANR.

JUDGEMENT

(1.) PLAINTIFF Surender Kumar Jain filed a suit for declaration and permanent injunction, which was dismissed by the Civil Judge (Jr. Divn.), Chandigarh vide judgment and decree dated 9.8.2005. In appeal, the said judgment and decree were upheld by the Additional District Judge, Chandigarh vide judgment and decree dated 10.10.2007. Hence, the present appeal.

(2.) BRIEF facts of the case, as noticed by the lower appellate Court in para Nos. 2 to 4 of its judgment, are as under:

(3.) SIMILARLY , the respondent/defendant No. 2 in a separate written statement took the same stand and alleged that the suit property had already been partitioned between both the brothers and he sold his share with the consent and knowledge of the appellant -plaintiff who was never willing to purchase his half share and as such he has no right to challenge the same and suit is liable to be dismissed.