PREM CHAND Vs. MOTICHAND

JUDGEMENT

(1.) THIS appeal under Section 96 of the C.P.C. is directed against the judgment and decree of learned Additional District Judge, No. 7, Jaipur City dated 22.12.1980. The present appeal has been filed by the defendant Prem Chand son of Shri Gulab Chand, the judgment -debtor, now represented through his legal representatives.

(2.) THE facts in brief giving rise to this appeal are that the decree -holder -plaintiff Khajulal, now represented through his legal representatives Shri Motichand and others filed a suit for partition and possession of the half portion of a residential house known as 'Haveli' situated at Chokadi Ramchandraji in Jaipur. The said Haveli was a joint Hindu Undivided Family property of Gulab Chand and one Maliram having half share each. In a decree passed in favour of one Ganga Pratap against defendant Gulab Chand in execution case No. 654/42, the said half share of Gulab Chand of the Haveli was attached and auctioned, which was purchased by plaintiff Khajulal in a court auction on 6.1.1942 for a sum of Rs. 1,005/ - and the sale certificate in this regard was also issued by the Executing Court on 30.11.1942. The said decree -holder Khajulal filed an application for possession of he said one -half portion of Gulab Chand in the Haveli and the symbolic possession of the same was given to him on 17.11.1943 by the Bailiff of the Court with the following report, which is reproduced hereunder in Hindi and Urdu language as it is and the bracketed English translation as informed by learned Counsel by referring to the dictionary. .........[vernacular ommited text]...........

(3.) LEARNED trial Court framed as many as 13 issues in the trial of the suit, which are reproduced from the impugned judgment, as under: