RUGHNATH DASS CHOPRA Vs. OM PARKASH

JUDGEMENT

(1.) THIS is defendants appeal against the judgment and decree of the learned Single Judge of this court (Shah J), dated 28 -12 -1984 whereby the respondents suit to the extent of partitioning the suit properties is decreed.

(2.) FOR a proper understanding of the controversy, it is useful to give a brief resume of the facts. Respondents suit was for partition of property, by metes & bounds, situate in Reasi Town. The properties are mentioned at para 1 (a), (b), (c), (d) and (e) of the heading of the plaint. The plaintiff had also prayed for rendition of accounts of rents of the suit properties and had sued for a share in joint family business of Cloth which was being run in the name of the appellant. The learned Single Judge passed a preliminary decree for partitioning the properties mentioned above and also directed the taking of the accounts of rents of the suit properties. The suit in respect of the share from the Joint family business was dismissed.

(3.) APPELLANT and respondent No. 1 are sons of Sh. Hans Raj. Respondent No. 2 is the widow of said Hans Raj, plaintiff -respondent claimed l/3rd share in the suit properties and 2/3 was to be allotted to the appellant and respondent No. 2 in equal shares. The parties are primary heirs of late Hans Raj who was Karta of the Joint Hindu family.