- (1.) This civil first appeal is directed against the judgment and decree dated 29.1.2002 passed by Additional District Judge No. 2, Jodhpur (for short "the trial Court" hereinafter) whereby the suit filed by the respondent-Laxmi Chand against Sumer Chand and Ors. for possession of the suit premises and mesne profit, was decreed.
(2.) Briefly stated facts to the extent they are relevant and necessary for the decision of the appeal as also cross-objection filed by the respondent-plaintiff Laxmi Chand are that the respondent-plaintiff Laxmi Chand filed a suit against Sumer Chand and three others, the appellants herein are the legal representatives of Sumer Chand, on the ground that immovable property i.e. residential house situated at Chandi Hall, Jodhpur was originally owned by Ummed Chand, the father of defendant-Sumer Chand and plaintiff-Laxmi Chand. The said immovable property was partitioned by a registered partition-deed on 14.11.1974. The plaintiff claimed that he was in possession of the property of his share till July, 1989 and thereafter, the plaintiff shifted to the rented house as there were some disputes between the family members. It was alleged that thereafter, the defendant-Sumer Chand took the possession of the house. The defendant-Sumer Chand, in life time, filed the written statement to the suit and came with a plea that by a notice, plaintiff-respondent resiled from partition-deed and therefore, the partition-deed has not been acted upon. On the pleadings of the parties, the trial Court framed issues and tried the suit. The parties led the evidence and on appreciation of evidence, the trial Court decided the material issue in favour of the plaintiff-respondent and against the appellant-defendant and accordingly, decreed the suit. Aggrieved by the judgment and decree impugned, the appellants, who are the legal representatives of the defendant-Sumer Chand filed this appeal.
(3.) The respondent-Laxmi Chand filed cross-objection to the finding of issue No. 6 which relates to the grant of mesne profit.;