Judgment

28/02/2018

The instant first appeal has been filed by the appellant-defendant against the judgment and decree dated 25.1.2007 passed by the Court of Additional District and Sessions Judge, Fast Track No.3, Bikaner (hereinafter referred to as ‘the learned court below’) in Civil Original Suit No.253/2005 whereby the learned court below passed a preliminary decree of partition in favour of respondent-plaintiff.

Brief facts of the case are that the respondent-plaintiff filed a suit for partition of his residential house situated at Kochran Chowk, Bikaner. The respondent-plaintiff stated in the plaint that the said residential house is a property of joint ownership of parties, which was purchased by them through a registered sale deed dated 18.6.1979 in consideration of Rs.48000/-. In the North side of the said house, a bara of Chhagan Lal Kochar, South side house of Moolchand Kochar and in the East side a room of Rikhab Chand Kochar and in West side of the said plot a lane are situated. It was stated that after purchasing the said house both the parties have repaired and maintained the house while bearing the expenditure jointly. It was stated that since the appellant- defendant