OMNARAIN SHARMA Vs. JAGDISH NARAIN SHARMA

JUDGEMENT

(1.) Instant appeal has been filed by the appellant-plaintiff (for short 'the plaintiff') against the judgment and decree dtd. 23/9/2008 passed by Additional District Judge (FT) No.5, Jaipur City, Jaipur (for short 'the trial court') in Civil Suit No.162/2004 (191/2004) titled as Om Narain Sharma Vs. Jagdish Narain Sharma & Ors., by which the trial court dismissed the suit filed by the plaintiff for partition, rendition of accounts, mesne profit, compensation and permanent injunction.

(2.) Brief facts of the case are that the plaintiff filed a suit for partition, rendition of accounts, mesne profit, compensation and permanent injunction in which he stated that plaintiff and defendant No.1 are co-sharers as the predecessor-in-title Laxmi Narain Sharma left behind two sons namely Shri Narain Sharma and Jagdish Narain Sharma. Jagdish Narain Sharma expired in 1950 and he was survived by present plaintiff. Plaintiff and defendant No.1 were having 1/2 share in the House bearing No.1740, situated in Jat Ke Kua Ka Rasta, Chowkri Purani Basti, Chandpole Bazar, Jaipur. Plaintiff's father and defendant No.1 had 1/2 share in the immovable property. Plaintiff and defendant No.1 had also agricultural land which was to be divided being ancestral property mentioned in para 2 of the plaint. Defendant No.1 had obstructed the supply of water and also disconnected the electricity of Bathroom. So, plaintiff filed the suit and prayed that property mentioned in para 2A to 2D be divided and injunction be granted in his favour.

(3.) Defendant No.1 had filed written statement and mentioned that partition was took place on 6/7/1977 and plaintiff as well as defendant No.1 are residing separately. No immovable property was left to be partitioned. So, suit be dismissed.