GHANSHYAM DAS SHARMA Vs. SAWAYAM PRAKASH SHARMA

JUDGEMENT

(1.) The appellants-plaintiffs (for short 'the plaintiffs') have filed the Civil First Appeal challenging the judgment and decree dtd. 5/12/2003 passed by Additional District Judge (Fast Track) No.2, Alwar in Civil Suit No.169/2003 (123/2000) whereby suit filed by the plaintiffs has been dismissed.

(2.) Brief facts of the present case are that the plaintiffs filed a civil suit for partition of Plot No.177 situated at Scheme No.1 Arya Nagar, Alwar which was purchased by late Shri Ram Prasad and sale deed of the above mentioned plot was executed by the U.I.T. in favour of late Shri Ram Prasad. Measurement of the plot was 50 ft. East to West and 70 ft. from North to South. Late Shri Ram Prasad has constructed house over the said plot. As per the contention of the plaintiffs, the plaintiffs and respondentdefendant (for short 'the defendant') are equally entitled to get share in the house in question.

(3.) A written statement was filed by the defendant and it was stated that a family settlement was executed by late Shri Ram Prasad on 29/5/1965. The defendant clearly stated that constructed area is measuring 23 X 40 ft. In the North side, two rooms are in the share of late Shri Madan Mohan, two rooms came in the share of defendant and rest of the back portion in the plot was kept by late Shri Ram Prasad for his personal use. Thereafter, a family settlement was executed by late Shri Ram Prasad in June 1976 for back portion of the house and settled back portion of land and ornaments were given to late Shri Madan Mohan Sharma against the 3 1/2 ft. excess land, staircase and gallery.