MAHESH GROVER, J. - (1.) RAM Avtar, who was one of the eight defendants in the suit filed by Sanjay Kumar and six others (the plaintiffs, now respondent Nos. 1 to 7) for possession by way of partition, has filed this appeal assailing the judgment and decree dated 4.9.1997 passed by Additional District Judge, Faridabad (hereinafter described as 'the lower Appellate Court'). Rest of the defendants have been arrayed as proforma respondents.
(2.) BY way of the suit, partition was sought qua the property of Jagni Mal, the predecessor-in-interest of the parties. The pedigree table reflecting their inter se relationship is reproduced below :- Jagni Mal had three sets of properties which are as under :- (a) One pair of shops (two shops) situated at Main Bazar, Gad Darwaja, Ballabgarh, District Faridabad which are shown by letters 'ABCDEF' in the site plan attached with the plaint and bounded as below :- East : Shop of Dal Chand Murari Lal West : Shop of Arya Samaj, Ballabgarh North : Bazar and thoroughfare. South : Gali Ab-chak and passage. (b) A damaged house in the shape of plot which was under mortgage with Bishamber Dayal son of Nanak Chand which is situated in Ballabgarh City, District Faridabad and bounded as below :- East : Shop of Dr. Chander Sain West : Gali Thoroughfare. North : Property of Dr. Chander Sain South : Gali and Passage. (c) A house situated in Mohalla Baniawara, Ballabgarh City, District Faridabad, which is shown with letters 'PQRS' in the site plan attached with the plaint and bounded as below :- East : Mandir and House of Pt. Hari Chand. West : Thoroughfare (Gali). North : House of Sh. Devi Charan, Bidhu, Jiwan. South : House of Lal Nang Ram son of Munji Lal. During the life time of Jagni Mal, appellant-Ram Avtar filed civil suit No. 919 of 13.12.1962 for partition of Joint Hindu Family property in question. In the said suit, the parties had appointed one Goverdhan Dass son of Puran Mal as the sole referee/Salish to decide the controversy. An award was given by him on 18.5.1963 which was duly accepted by all the parties. On 23.5.1963, Sub Judge Ist Class, Palwal decreed the suit in terms of the said award and the decree was directed to be prepared on the stamp papers of Rs. 130.50 ps. However, the decree could not be drawn up as the stamp papers were not filed by the parties.
(3.) ACCORDING to that award, out of two shops as detailed in para (a) above, one shop i.e. Western shop and the dilapidated house detailed in para (b) which was mortgaged with Bishamber Dayal, were given to Rattan Singh, (defendant No. 7, now respondent No. 7). Half portion of the eastern shop and some portion of the house detailed in para) were given to Ram Kishan, (father of present respondent Nos. 1 to 5 and husband of respondent No. 6). Southern portion of the property detailed in para) was given to Ramesh Chand (arrayed as respondent No. 1 in the present appeal). Half portion of the eastern shop detailed in para (a) and a portion of the house in detailed in para) were given to Ram Avtar (now appellant). The properties detailed in paras (a), (b) and) above were to be owned and possessed by Jagni Mal during his life time and the award was to be given effect to after his death in the aforesaid manner.;