MUNSHI RAM Vs. TAPSI RAM

JUDGEMENT

(1.) THIS , second appeal by the defendants -appellants is against the judgment of reversal. Suit filed by the plaintiffs - respondents being Partition Suit No. 58 of 1982 for decree of partition was dismissed by the trial Court, but the same was allowed in appeal by the appellate Court in title Appeal No. 35 of 1985.

(2.) PLAINTIFF -respondent No. 1 is Tapsi Ram and plaintiff No. 2 is his wife Agnijot Devi. In the said suit, plaintiff No. 1 claiming to be a co -sharer, sought for partition in respect of his share in the suit property, whereas in the said suit plaintiff No. 2 claimed to have right, title and interest in respect of the portion of the property which she alleged to have purchased from one of the co -sharers defendant No. 3. According to the plaintiffs, there had never been partition among the heirs of Dukhbhajan Kahar and the parties are still joint. Plaintiff No. 1 claimed 1/9th share in the suit property.

(3.) I have heard Mr. Manjul Prasad, learned Counsel appearing for the appellants and Mr. L.K. Lal, learned Counsel appearing for the respondents.