OMPRAKASH SHARMA Vs. NARAINLAL SHARMA

JUDGEMENT

(1.) THE instant civil first appeal has been preferred against the judgment & decree dated 09/12/2014 passed by Additional District Judge Gangapur City whereby, Civil Suit No.43/2007 filed by the plaintiff -appellant for partition and permanent injunction has been dismissed.

(2.) THE facts giving rise to this appeal in brief are that plaintiff -appellant has filed a suit for partition and permanent injunction with the contention that one shop is in joint ownership and possession of both the parties, which is situated in Chamar Gali, near Nagar Palika, Badrinath Bajar, Gangapur City and firm M/s.Narainlal Omprakash is working there. The plot was allotted to the firm M/s.Narainlal Omprakash and it was constructed with the joint funds but now the respondent wants to dispossess the appellant. The appellant is having half share in the property hence, suit for partition and permanent injunction has been filed. Respondent has submitted that the suit property was owned by late Shri Kalyan Prasad Vaidh. The plaintiff has no connection with the suit property. The respondent is the only Proprietor of the firm M/s.Narainlal Omprakash.

(3.) ON the basis of the pleadings of the parties, the court below has framed as many as 3 issues, which are reproduced, as under: -