HANS RAJ Vs. ISHWAR CHAND

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) A suit was filed by the respondent-plaintiff Ishwar Chand for partition and recovery of certain amount of money on account of use and occupation of the suit property and also for permanent prohibitory injunction against the appellant- defendant Hans Raj, pleading that there existed a shop in Chamba town, which was jointly owned and possessed by the parties and that the share of the plaintiff- respondent in that shop was 2/3rd while that of the appellant ­defendant 1/3rd only, but the appellant- defendant had been using the shop to the exclusion of the plaintiff and therefore, he was liable to pay use and occupation charges to the extent of the share of the plaintiff and was also liable to be restrained from interfering in the right of the plaintiff- respondent to enjoy his share in the joint property.

(3.) APPELLANT - defendant's plea that the plaintiff- respondent had relinquished his share in favour of Dina Nath and that thereafter Dina Nath sold the shop in its entirety to him was rejected. After recording the aforesaid finding, the trial court decreed the suit for possession of 2/3rd share in favour of the respondent- plaintiff and against the appellant- defendant. Appellant- defendant filed an appeal in the court of learned District Judge, which stands dismissed. Both the findings and the decree of the trial court have been affirmed.