MUNESHAR TEWARI Vs. RAM NARAIN TEWARI

JUDGEMENT

(1.) This is a defendants appeal arising out of a suit for a declaration that the properties in dispute were the joint and family properties of the parties to the suit and that they were in joint possession of them. There was an alternative relief in the plaint that if the Court found that the plaintiff was not in possession a decree awarding him joint possession should be passed.

(2.) The Court of first instance gave the plaintiff a decree for joint possession and also specified his share as being half. The claim with regard to certain lands in certain tenancy in Jalalpur was, however, dismissed. On appeal the learned District Judge has decreed the claim in respect of the entire properties in suit and has declared that the respondent's share is half in those properties.

(3.) Two points have been urged by the learned vakil for the appellants. The first is that the finding of the Court below, with regard to the tenancy in Jalalpur is based on mere assumption and should not be upheld; and the second is that the claim is barred, by Section 233(k) of the Land Revenue Act.