G.R.MOOLCHANDANI,J. - (1.) The appellant has assailed legality of judgment passed by Additional District Judge, Rajgarh Camp Laxmangarh, District Alwar in Civil Suit No.170/95 (140/92), whereby suit of the plaintiff/respondent Johari Lal is decreed.
(2.) In brief, the factual matrix of the case hinges upon ownership and possession of a tractor with trolley bearing registration No. RJA 7061, which stands in registered name of plaintiff/respondent Johari Lal under a hypothecation with State Bank of India, Kherli towards borrowings, which was allegedly taken away by defendant/appellant Ram Charan against which an F.I.R No.26/91 was also lodged on 06/02/1991 and subsequently the plaintiff/respondent Johari Lal filed this suit seeking declaration with respect to the ownership of the said tractor, while rebutting pleadings, defendant denied claim contending that defendant/appellant Ramcharan was owner in possession of the said tractor with trolley after partition and further prayed for dismissal of the suit of the plaintiff-respondent.
(3.) Learned trial Court after going through the pleadings of both the sides framed nine following issues :- ...[VERNACULAR TEXT OMITTED]... ;