VIRENDRA KUMAR MATHUR,J. - (1.) This civil regular First Appeal under section 96 CPC has been filed against judgment and decree dated 27.11.2007 passed by the Additional District Judge (FT) No.4, Jodhpur in Civil Original suit No.100/2007 (Surendra Nath v. Jasendra Nath and others) , whereby suit of the plaintiff has been partially decreed.
(2.) Briefly stated, the appellant-plaintiff filed a suit for partition of the property of his father late Kunwar Lal Asopa. It was stated that late Kunwar Lal in his lifetime made a writing and expressed his last desire that after his demise, his property be divided amongst all four sons equally and his daughters should not be given anything in the property. It was also stated that the plaintiff, by incurring personal expenses of Rs. 6 Lacs got constructed additional rooms on the roof, first floor & second floor. It was also mentioned in the plaint that the portion constructed by the plaintiff be given in the share of plaintiff and if it is not possible, then the expenses borne by him be got compensated from other sharers. In this manner, the plaintiff claimed 1/4th share in the disputed property.
(3.) In sum and substance, case of the plaintiff is that the property in hands of late late Kanwar Lal came to him by partition from his father and Kunwar Lal during his lifetime executed a 'tehreer' expressing his desire to divide the property equally amongst his four sons and excluded his daughters and further, that the building on the first floor and above, were raised from personal funds of the appellant-plaintiff. It was also stated that the respondent No.1 only appeared amongst the respondent defendants and he supported the averments made in the plaint. Statement of plaintiff was not opposed by any of the defendants and hence, suit of the plaintiff deserves to be decreed in to in terms of relief prayed for by the plaintiff.;