JUDGMENT :

SUDESH BANSAL, J.

1. This is plaintiff’s appeal under Section 96 of Code of Civil Procedure and arises against the judgment dated 02.06.1992 passed in Civil Suit No. 87/1983 by the Additional District Judge, Gangapur City, dismissing a civil suit for partition of an immovable property, a Guwadi, situated in town Gangapur City, District Swai Madhopur.

2.1 It was, inter alia, pleaded in the plaint that parties are Muslim and both plaintiff and defendant are real brothers.

2.2 It was pleaded that the immovable property, a Guwadi, described in para 1 of the plaint was purchased by father Shri Vazeer Khan from one Hazari S/o Chand Khan, Musalman through registered sale deed dated 31.01.1955 and later on in the year 1968, pakka construction of shops and rooms were raised in the northern portion of Guwadi out of funds incurred by father, while the southern portion of Guwadi remained as kham patol. Later on, pakka construction was raised out of joint funds of plaintiff and defendant in the southern portion, as also on the upper floor, two rooms, one hall and one verandha were got constructed after death of father.

2.3 The suit property in question along with construction as existed a