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2024 Supreme(All) 957

J. J. MUNIR
Phagoo – Appellant
Versus
Gokaran – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ashutosh Srivastava,Shreesh Srivastava,Shreyas Srivastava
For the Respondent: Shakti Dhar Dube, P.H. Vashishtha

JUDGMENT :

J.J. Munir, J.

1. This is a defendant's second appeal arising out of a preliminary decree for partition.

2. Gokaran, the sole plaintiff of Original Suit No.20 of 1972, instituted a suit for partition of four houses, shown in the schedule, with their own boundaries at the foot of the plaint, giving rise to the suit and all located in Plot No.854/29. The plaintiff demanded partition of his 1/3rd share in the four houses aforesaid, hereinafter referred to as 'the suit property', that he claimed against the defendants on the basis of a registered sale deed dated 13.12.1971, executed in his favour by Smt. Jashoda widow of Patiraj. The suit property was originally owned by one Tirath Ram son of Patiraj, who had acquired it of his own exertions. Tirath Ram died on 14.10.1967. Smt. Jashoda was his mother. She executed a registered sale deed dated 13.12.1971 of her 1/3rd share in the plaintiff's favour. The plaintiff, besides seeking a decree of partition and separate possession, prayed that a decree for the recovery of a sum of Rs.2136/- be passed against defendant Nos.1 and 2, and another for Rs.840/- against defendant Nos.6 and 7, on account of his proportionate share in the rent

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