Anil Kumar Choudhary, J. - (1.) Heard the parties.
(2.) The defendant-appellant has preferred First Appeal No.53 of 2004 against the judgment and decree dated 21.07.2004 passed by the Subordinate Judge-II, Ranchi in Partition Suit No.153/2000 whereby and where under the learned court below has decreed the suit on contest and has ordered that a preliminary decree showing half share of the plaintiff in suit properties be prepared and while carving out the share of the parties the pleader commissioner shall take into consideration that minimum inconvenience is caused to the parties. The defendantappellant has preferred the First Appeal No.19 of 2012 against the final decree dated 25.11.2011 passed by the Subordinate Judge-II, Ranchi in the said Partition Suit No.153/2000.
(3.) The case of the plaintiff in brief is that the plaintiff and defendant are full brothers. They are Hindu by religion and are governed by Mitakshra School of Hindu Law. The plaintiff and defendant through two registered sale deeds dated 12.07.1977 marked as Ext. 1 and the sale deed dated 12.10.1990 marked as Ext.1/A, purchased two properties in their joint name. Property purchased by sale deed dated 12.07.1977 is Schedule '1' property of the plaint and property purchased by sale deed dated 12.10.1990 is Schedule '2' property of the plaint. It is the further case of the plaintiff that plaintiff and defendant contributed equal amount for Schedule '1' and Schedule '2' property of the plaint and thereafter they constructed building by making equal contribution and they are in the joint possession of the properties and there has not been any partition between the parties. The plaintiff requested the defendant to amicably partition the suit property but the same was not accepted by the defendant, hence, this suit has been filed by the plaintiff.;