RAM PARKASH Vs. RAMESH CHAND

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) SUIT was filed by respondent No.1 Ramesh Chand, hereinafter called plaintiff, seeking a declaration that he was joint owner in possession of certain property, including the structures standing thereon, with the present appeal Ram Parkash, who was impleaded as defendant No.1, and some other persons, namely respondents No.2 to 10, who were impleaded as co-defendants with appellant Ram Parkash. Injunction was also sought restraining the appellant and respondent No.2 Ram Nath from dispossessing him from the joint possession of the suit property.

(3.) TRIAL Court framed various issues based on the pleadings of the parties and concluded that the parties were joint owners of the suit property, including the structures standing thereon, and that the contesting defendants, including the present appellant, had threatened to oust the plaintiff from the enjoyment of the suit property as co-owner. Consequently, the suit was decreed. Plaintiff was declared to be a co-sharer with the defendants to the extent as shown in the latest Jamabandi and the appellant and respondent Ram Nath were restrained from dispossessing the plaintiff till the partition of the property in accordance with law. Appeal was filed against the said judgment by the present appellant. The first Appellate Court has affirmed the finding and decree of the trial Court and dismissed the appeal