BIRBAL RAM Vs. TULCHI DEVI

JUDGEMENT

(1.) This civil first appeal has been filed by appellantdefendant Birbal Ram against respondent-plaintiff Tulchi Devi being aggrieved by the judgment and decree dated 25.03.2010 passed by learned Additional District Judge No.1, Bikaner in Civil Original Suit No.156/2008, by which the learned trial court has decreed the suit for partition filed by the respondent-plaintiff.

(2.) The brief facts of the case are that a suit was filed by the respondent-plaintiff against the present appellant-defendant with the averments that an undivided immovable property of joint ownership of the parties is situated in Rani Bazar, Bikaner.

(3.) The said property is measuring 634 yards. The said property was in the name of Jaisa Ram in whose name the lease deed was issued. Jaisa Ram divided the said property between his two sons Choru Ram and Moda Ram, who continued to be in possession of their respective portions. After the death of Moda Ram, a family settlement was executed on 12.03.1996, by which plaintiff Tulchi Devi and defendant Birbal Ram got the share of Moda Ram mesuring 391 sq. yards. The plaintiff claimed that she supported the defendant, but now their relationship is no longer cordial and she has been turned out of the house, therefore, she has filed the suit for declaration as well as partition of the property for her 1/2 share in the property of Moda Ram.