LRS OF LATE NAGAIN VALLABH Vs. CHANDRA KALA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and preliminary decree dt. 19.12.1986 passed in a suit filed by the plaintiffs Sh. Chandra Prakash and Sh. Vikat Prakash sons of Sh. Himmat Singh Bhatnagar, which was registered as Civil Original Suit No.121/1978.

(2.) The plaintiffs have instituted the aforesaid suit for partition inter alia contending that there were two houses being House No.42 and 48 owned by their grand-father Sh. Urjan Singh Bhatnagar, who had expired in the year 1925, leaving behind him two sons namely Himmat Singh and Karan Singh.

(3.) The plaintiffs are the sons of the Himmat Singh, while defendants No.2 to 4 are legal representatives of Karan Singh. The Trial Court after appreciation of the evidence and material available on record has found each of the legal representatives of Himmat Singh and Karan Singh, entitled to a half share. As a result whereof, the preliminary decree in following terms came to be passed :-