GH RASOOL WANI Vs. NUR-UD-DIN WANI

JUDGEMENT

(1.) THIS civil second appeal is directed against the concurrent findings entered by the City Munsiff Srinagar, and the Sub Judge (CJM) Srinagar. The appeal arises from a suit for ejectment and recovery of rent. The main contention raised before the trial court was whether the suit premises were undivided between the parties and, as such the suit, on that account was dismissed. The defendant had raised other pleas also.

(2.) COUNSEL for the appellant submits before me that the courts below erred in law in not holding that the suit was not maintainable, since the plaintiff and the defendant who were brothers had undivided right in the property and as such, the owner of "one half right cannot maintain a suit for eviction.

(3.) I have gone through the judgments rendered by the courts below. The trial court framed 8 issues. Issue No. 5 related to the plea whether the suit was maintainable or not. The trial court has disposed of this issue as follows.