BHAGWATI NARAYAN @ BHAGWATI PRASAD Vs. RAMGOPAL & ORS

JUDGEMENT

(1.) This first appeal under Section 96 CPC has been filed against the judgment and decree dated 7.3.2014 passed by Addl. District Judge No.3, Ajmer in Civil Suit No. 50/2001 (250/92) whereby the suit for partition has been decreed finally.

(2.) The short facts of the case are that plaintiff appellant filed a suit for partition of the property and respondents No. 1 and 3 entered into an agreement to sell of the subject property to Kamal Kumar, respondent No.4. He also filed a suit for specific performance of the contract and also moved an application under O. 1 R.10 CPC and he has been made a party in the suit. On submission of written statements, issues have been framed and preliminary decree has been passed that plaintiff is entitled to 1/6th share and as such he is entitled to 1/6 share of Rs. 17 lac which is the sale consideration in agreement to sell executed in favour of respondent No.4 and it has also been made clear that if money has not been paid to the plaintiff, he is entitled for partition of the 1/6 share when money has not been paid to the appellant he moved for final decree but the court has not ordered for partition of the property and only money has been awarded to him, hence this appeal.

(3.) The contention of the appellant is that right to partition should not be defeated by sale agreement. The court below has not considered the objections raised by him. The rupees value has been de-valued and he has not been awarded proper relief, hence appeal be admitted.