NAND LAL Vs. CHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant as learned counsel Shri S.C. Maloo submitted that even after intimation to respondents, he has not given instructions to him in this appeal. The plaintiff's suit for cancellation of the sale-deed and alleged partition was dismissed by the trial court by judgment and decree dated 11.8.1976. The appellate court also dismissed the appeal on 5.8.1983. Hence this second appeal.

(2.) Brief facts of the case are that according to the plaintiff, one plot was purchased by the plaintiff and defendant no.2 Udai Singh from one Bheru Singh by registered sale-deed dated 5.10.1959. The plaintiff and defendant no.2 constructed the house over the said plot. The plaintiff and defendant both were running a business of transport and, therefore, were partners in the business. The business in partnership of the plaintiff and the defendant was closed in the year 1964 and both started their separate business of transportation. The house remained joint and in possession of the plaintiff and the defendant. The plaintiff and defendant both kept separate portion in their possession but without any partition. It was done for convenience only.

(3.) Defendant no.2 obtained one Patta for the said house by the order of the Gram Panchayat, Chacha by order dated 19.12.1964 after depositing Patta fees on 1.1.1965. The defendant no.1's father Gulab Chand filed one suit for recovery of Rs.8100/- against defendant no.1 in the court of Civil Judge, Merta in the year 1964 and got the plaintiff and defendant no.2's house attached by moving application under Order 38 Rule 5 C.P.C. In that suit, defendant no.2 himself submitted objection against the attachment of the house and therein he admitted that defendant no.2 has only share in the house in dispute. The said reply was filed on 29.3.1965 by defendant no.2 in the suit filed by defendant no.1's father.