SUNDER LAL Vs. DAROPATI DEVI

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 29.3.2012 rendered by the learned Additional District Judge, Sirmaur District at Nahan in Civil Misc. Appeal No. 4-N/14 of 2008.

(2.) MATERIAL facts necessary for the adjudication of this Regular Second Appeal are that respondent-plaintiff (hereinafter referred to as `plaintiff' for convenience sake) filed a civil suit No.34/1 of 1988, titled as Dropti Devi versus Smt. Chawli Devi and others in the court of learned Senior Sub Judge, Sirmaur District at Nahan for effecting partition of houses and vacant land comprised under Khata No. 230, Khatauni No. 344, 345 and 346, Khasra Nos. 39, 40, 41, 42, 43, 44, 46, 47 and 48 measuring 304- 68 square meters situated in Muhalla Rani Tall, Nahan, District Sirmaur. Plaintiff had claimed 1/4th share in the property. The suit was dismissed by the learned Senior Sub Judge, Nahan on 31.12.1992. Plaintiff preferred an appeal before the learned District Judge bearing Appeal No. 24-N/13 of 1993. The same was accepted by the learned first appellate court. Learned first appellate court passed the preliminary decree and defined the share of plaintiff as 1/4th and Smt. Chawli Devi, Bholar and Sadhu Ram having 1/4th share each in the property. Smt. Chawli Devi died and she was succeeded by Smt. Santosh Kumari. She also preferred Regular Second Appeal No. 204 of 1994 before this Court. The same was dismissed by this Court on 20.9.2001. Sh. Bholar has also died and his legal representatives were also brought on record. Thereafter, an application was filed before the trial court for passing of final decree. Objections were filed by the appellants-respondents-defendants (hereinafter referred to as `defendants' for convenience sake). The same were dismissed by the trial court. Defendants preferred civil revision bearing No. 109 of 2005 in this Court. The same was dismissed on 7.12.2005. Fresh objections were also filed by the defendants to the report of the Local Commissioner on 26.10.2006. The same were decided on 26.11.2007 by the learned Civil Judge (Senior Division). Thereafter, final decree was passed on 10.12.2007. Defendants, namely, Santosh filed an appeal against the orders 26.11.2007 and 10.12.2007 before the learned District Judge Sirmaur bearing Civil Misc. Appeal No. 4- N/14 of 2008. He dismissed the same on 29.3.2012. Hence, this Regular Second Appeal.

(3.) I have heard Mr. Romesh Verma and have perused the judgment passed by the first appellate court meticulously.