LILA WATI Vs. PARAS RAM

JUDGEMENT

(1.) THIS appeal has arisen out of a suit brought by Smt. Lila Wati widow of Duni Chand and her sons and daughters against Paras Ram and his sons for possession of the lower flat of house situate in Chowk Bazar, Solan, and for recovery of Rs. 900/ on account of use and occupation and future mesne profits. In order to appreciate the facts of the case it will be better to give the pedigree table of the parties and which is as under:

(2.) THE defendants denied the partition and averred that the property held by them including the property in suit was their joint Hindu family property. It was also denied thai Munshi Ram made any gift of the property in suit in favour of Duni Chand nor he was competent to do so. It was pleaded that the property bearing khasra No. 326/1 was purchased with the joint family funds and is their joint family property. The building on the land khasra Nos. 320, 325 and 326/1 was constructed with their joint family funds and is joint family property. The defendants were in possession of the property in suit as owners in their own rights as members of the joint family. In their additional pleas it was averred that the alleged mutations are false and fictitious documents. Paras Ram, defendant No. 1 never appeared before the Revenue. Officer nor the Patwari nor he ever made any statement that a partition had taken place. In the alternative it was pleaded that in case it was found that the defendants were in wrongful possession of the property as represented by the plaintiffs yet they had acquired ownership rights by adverse possession as they had been in possession of the property in suit for more than 12 years before the institution of the suit.

(3.) THEREFORE , the only point that arises for consideration is whether there was a partition between the three brothers on 6 6 1937 whereunder the suit property i. e. khasra Nos. 320 and 325 fell to the share of Munshi Ram. The learned Senior Sub Judge has held: