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1998 Supreme(SC) 895

A.S.ANAND, S.RAJENDRA BABU
Gurmukh Ram Madan – Appellant
Versus
Bhagwan Das Madan – Respondent


Judgment

Rajendra Babu, J.-The plaintiff in a suit is in appeal before us. He filed a suit on July 4, 1970 claiming half share in a house of which he is in joint possession and sought for partition. The defendants in the suit resisted the claim and contended that the plaintiff had no right, title or interest in the said house and the same belongs to him exclusively of which he is in possession as owner. The trial Court found that the evidence tendered by the appellant is inconsistent, unnatural and does not inspire confidence. The case put forth by him is that the defendant had obtained from the office of the Sub-Registrar the original deed dated 3rd November, 1963. However, execution of the said deed had not been established and it was also not clear from the material on record that the consent of the defend­ant in respect thereof had been obtained. There was no evidence to show that the appellant had made any contribution either towards the purchase of the said site or in the construction of the house thereof. The said suit was dismissed. On appeal the High Court examined the question whether the appellant has any interest to the extent of half share or any other share in the prop









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