KRISHNA DEVI Vs. PARSHOTAM LAL

JUDGEMENT

(1.) This is a second appeal against the order dated 23.5. 1986 passed by Additional District Judge, Ferozepur, who allowed the appeal of the plaintiff-respondent and set aside the judgment and decree of the trial court and remanded the case to the trial Court with the directions to proceed into the matter according to law and the parties were directed to appear before the trial court on a particular date.

(2.) The brief facts of the case are that Parshotam Lal plaintiff respondent filed a suit for possession by way of partition against his two brothers, namely Charnan Lal and Charanjit Lal and Smt. Kamala Wadhwa widow of Amrit Lal, who was also the real brother of plaintiff and defendants Nos. 1 and 2. The case set up by the plaintiff before the trial Court was that the property in dispute belonged to Sham Lal, who was the father of plaintiff and defendants Nos. 1 and 2 and father-in-law of defendant No. 3. The property in dispute was situated in Nimwali Gali, Ferozepur City. The plaintiff alleged that Sham Lal executed a valid Will dated 10.2.1967 bequeathing the said house to his four sons in equal shares. The plaintiff does not want to keep the property joint and hence the suit.

(3.) The suit was contested by the defendants on the plea that the suit is bad for non-joinder of necessary parties and that the property in dispute has already been partitioned.