RAMLAL AND ANR. Vs. DHANNARAM AND ORS.

JUDGEMENT

(1.) This appeal by the plaintiffs is directed against the judgment and decree of the Additional District Judge, Churu, dated April 30, 1977, dismissing the plaintiffs suit for partition on the ground of being not maintainable.

(2.) The suit for partition was filed by Ramlal and Mohan Singh against the defendants, namely, Dhannaram, Parmeshwarlal and Mst. Jheerna in respect of a house situated at Churu and some movables. In the plaint, it was alleged that though a formal partition of the properties had not taken place but by convenience, the parties were living in separate portions. In the Eastern portion, the plaintiffs were living while the Western was occupied by the defendant Dhannaram and his son Parmeshwarlal. The suit for partition was contested by the defendants, who alleged that the properties were joint and no partition had taken place and there were additional properties, which also required to be partitioned.

(3.) The Additional District Judge on the basis of the admission made by the plaintiffs in his statement before the Court held that the suit was not maintainable as the plaintiff himself admitted that the properties had already been partitioned. On this finding, the learned Additional District Judge dismissed the plaintiffs suit. Aggrieved by this judgment and decree, the plaintiffs have filed the present appeal in this Court.