RAM BRLKSH SAH Vs. HARIHAR PRASAD

JUDGEMENT

(1.) This is an appeal against the judgment and decree dated 18th September, 1989 passed in T.A. No. 76/84 by Vlth Additional District Judge, Siwan, whereby he set aside the judgment and decree dated 6.7.1984 passed by 2nd Munsif, Siwan in T.A. No. 177 of 1981 on the ground that the trial court in a suit for eviction of tenant had decided the question of title not incidentally but in a full-fledged manner and has given his definite finding on each and every point of controversy on question of title.

(2.) The plaintiff and respondents are own brothers. The suit was for recovery of arrears of rent and ejectment of the defendants from the disputed shop. The plaintiffs case was that both the brothers after partition were separate from a long time. The plaintiff had purchased certain property from his own income after partition. On the request of the defendants he was inducted as tenant on monthly rent of Rs,175/-. Thereafter, the defendant stopped the payment of rent from the month of January, 1981. The plaintiff needed the shop for his sons, so he filed a suit for eviction which was not contested by the defendants.

(3.) The trial court on consideration of the evidence came to the conclusion that there was cogent reason to hold that there was partition among the brothers. The sale-deed (Ext. 5) by which shop was purchased, is in the exclusive name of plaintiff. The defendant admitted that he was separate with his brother and a partition had taken place but it took place two years after the property was purchased by the plaintiffs.