HARDEO Vs. MAHADEO AND ANOTHER
HIGH COURT OF ALLAHABAD
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(1.)THIS is a plaintiffs appeal.
(2.)THE plaintiff-appellant instituted a suit against the defendants on the allegations that the parties were real brothers, that the plaintiffs share in the house and the land in front of the same was one-third and that it be partitioned and given over in his possession. The defendant-respondents resisted the suit on a variety of grounds.
The trial court held that the house in dispute was an ancestral property of the parties in which the plaintiff-appellant had one-third share and therefore decreed the suit in terms of the relief claimed in the plaint.
(3.)ON appeal the learned civil Judge took the view that as the plain tiff-appellant had claimed partition of only a part of the joint family property the suit was not maintainable. He, therefore, did not go into the question of jointness of the property in suit and left the same open but allowed the appeal and dismissed the suit on the ground that it was barred by the principle of law that joint family property cannot be partitioned piecemeal. This appeal is directed against the order.
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