1. Impugned in this appeal is preliminary decree and judgment purported to have been passed by District judge, Udhampur on 31.7.1996 in Civil suit No.96 captioned as: Smt. Prem Lata vs. Smt. Mohani Devi and anr. Whereunder while accepting respondents share in the ancestral property, trial court decreed the same. Following is the circumstantial backdrop.

2. It appears that the common ancestor of parties namely Nath Ram son of Karam Chand of Udhampur who died in 1969 was survived by his widow Subhderan Devi daughters, the present parties namely Smt. Prem Lata and Smt. Mohani Devi, and a son Chuni Lal, the defendant No.2 in original suit. Widow of Nath Ram aforesaid died in 1985 and the property left behind by Nath Rain comprising of a residential house consisting of five rooms, two kitchens with two shops, and the land appurtenant thereto alongwith a separate shop situated in Lambi Gali, Ward No. 10 became bone of contention between the parties with respondent/plaintiff claiming I/ 3rcl there from on the plea of joint possession and seeking its partition by metes and bounds besides claiming exclusive possession of one room in the residential house and constructive possession over Iwo

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