ABHAY KUMAR SHIKHAR CHANDRA Vs. DHANRAJ SURENDRA KUMAR

JUDGEMENT

(1.) The sole plaintiff/respondent Dhanraj brought Civil Suit No. 201/2005 seeking partition of 1/2 share in the suit property as well as a decree of permanent injunction against the defendant/appellant restraining the defendant from changing the physical feature of the suit property or alienating the same in any way till partition by meets and bounds.

(2.) The suit property is a house situated at Indra Chowk, Nai Lain, Ganga Shahar in the District of Bikaner, details whereof is mentioned in the plaint. By the impugned judgment and decree dtd. 20/8/2009, the Learned Fast Track Court No. 3, Bikaner decreed the suit.

(3.) It is not controverted that great grand father of the plaintiff and sole defendant namely Late Sardarmal Sethiya had purchased the suit property through sale deed dtd. 19/12/1929. In the year 1950, Sardarmal Sethiya died leaving behind two sons Ramlal and Kesari Chand. On 23/8/1975, Ram Lal and Kesari Chand divided their share in the suit property whereunder northern portion was allotted to Ram Lal, the document of division was registered on 8/9/1975 (Ex.1). Ram Lal had two sons Surendra Kumar and Shikhar Chandra, plaintiff Dhanraj is son of Surendra Kumar and defendant/appellant Abhay Kumar is son of Shikhar Chandra.