JUDGMENT :- This is a defendants appeal against the judgement and decree dated 29-8-1968 passed by the Civil Judge, Etawah, confirming the preliminary decree for partition dated 10-7-1967 passed by 1st additional Munsif, Etawah in Original Suit No. 489 of 1963.

2. One Parmeshwari Das had 5 sons including Tara Chand, father of the respondent Gopal Chand, Mitthoo Lal, appellant and Shambhu Dayal. The respondent claimed half share in 3 shops detailed at the foot of the plaint situate in the town of Etawah. The property in dispute was valued at Rs. 7680/- as found by the Additional Munsif in his order dated 10-9-1966. The respondent, therefore, valued the suit at Rs. 3840/-. These shops were purchased from one Abdul Rahman by sale deed dated 20-10-1930 Ex. A-19. This sale deed is in favour of the appellant and his brother Tara Chand, father of the respondent.

3. In the plaint the boundaries of the shops are mentioned as :

East- shop of Subedar

West- Stairs and shop of Durga Swarup

North- Road

South- House of Shambhu Dayal. In the sale deed the boundaries of the

3 shops sold are :-

East- Shop of Mitthoo Lal

West- Shop of Jyoti Swarup

North- Road

South- House of Shambhu Dayal and Mithoo Lal.

4.

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