HANUMAN Vs. HARI RAM

JUDGEMENT

(1.) THIS is a special appeal against the judgment of learned Single Judge in S.B. Civil Regular First Appeal No. 94/68 dated 23rd July, 1973 whereby the judgment and decree of the learned Additional Distt. Judge, Sikar, was set -aside and a preliminary decree in favour of the plaintiffs -appellants was passed holding him to be entitled to l/7th share of the properties.

(2.) DISSATISFIED with the judgment of learned Single Judge, the defendant appellants have filed this special appeal.

(3.) THE defendants contested the suit and filed joint written statement and denied that the property continued to be the joint property. According to them Goru Ram during his life time had affected partition of the property between his sons in Samvat Year 2026 corresponding to the year 1949. The details of the partition alleged to have taken place were also mentioned in the written statement. Some of the defendants had put up certain construction in the share of property in their possession. It was also pleaded that one Ram Swaroop and others mentioned in para 2 of the additional pleas were the necessary parties to the suit. After framing the issues and recording evidence of the parties, the learned District Judge came to the conclusion that the property had been divided by metes and bounds and consequently it did not remain the joint property any more and the suit was dismissed.