AMRIT LAL Vs. JAGDISH LAL

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the respondent. This appeal is directed against the judg- ment and preliminary decree dated 30.11.96 passed by the learned Additional District Judge No. 1, Sri Ganganagar in Jagdish v. Amrit Lal1. By the aforesaid judgment and decree, the learned Additional District Judge No. 1, Sri Ganganagar declared the parties to the suit to be entitled to 1/3 share in the house in question and further held the pLalntiff to be entitled for partition.

(2.) The learned counsel for the appellants has submitted that the findings on issues No. 1, 2, 3 and 7 by the trial court are incorrect and against law. The learned counsel for the respondent has supported the impugned judgment and decree passed by the learned Additional District Judge No. 1, Sri Ganganagar.

(3.) It appears that respondent pLalntiff Jagdish Lal filed a suit for partition of a residential house No. 78-P-Block, Sri Ganganagar. According to the averments made in the pLalnt, the house in dispute was purchased on 2nd April, 1960, in the name of the pLalntiff and the defendants. On the date of the execution of the sale-deed, the house was duly constructed. The money for the purchase of the house was supplied by the father of the pLalntiff and the respondents and during his life time, the father of the pLalntiff and the defendants continued to live in the disputed house. He expired on 5th July, 1988. It was further averred in the pLalnt that the pLalntiff and the defendants were jointly in possession of the house in dispute, but after the demise of their father, some differences arose between the pLalntiff and the defendants and in consequence thereof, the pLalntiff found it difficult to live in the house in dispute unless partition took place. It was also averred in the pLalnt that the pLalntiff requested the defendants for partition of the house, but latter did not care. Consequently, a notice was sent to the defendants on 12th March, 1991, but the defendants did not care to reply the same. The pLalntiff, therefore, prayed for the partition of the house in dispute.