PRAKASH CHAND Vs. MAHENDRA KUMAR

JUDGEMENT

(1.) The learned Counsel for the opposite party has raised a preliminary objection that no revision lies.

(2.) The plaintiffs filed a suit for partition of certain properties on the allegation that the properties belonged to their grandfather Bimal Prasad and they and the defendants are entitled to a half share each in the said property.

(3.) The defence was that the plaintiffs father, Jamboo Prasad, had been adopted by his maternal grandfather Din Dayal, and Jamboo Prasad was therefore not entitled to any share in the property left by his natural father, Bimal Prasad. It was mentioned that Jamboo Prasad by reason of this adoption had inherited the entire property belonging to his maternal grandfather which has been called shamli property. A plea was taken in the written statement that the suit, being for partial partition, was not maintainable and it should be dismissed. The plaintiffs denied that Jamboo Prasad was adopted by Din Dayal and alleged that Jamboo Prasad had got the property under a will.