SHEELA DEVI vs ISHWAR CHAND (SINCE DECEASED) THROUGH HIS LRS

SARITA RANI 2026.05.13 18:19 I attest to the accuracy of this document/order RSA No. 1910 of 2023 (O&M) 2026:PHHC:075336 she was owner in possession of the suit property being widow of late Shyam Lal, who had constructed the house and remained in exclusive possession thereof. 3. The defendants contested the suit and specifically pleaded that late Shyam Lal and defendant Ishwar Chand were real brothers and had jointly purchased the plot measuring 204 square yards in equal shares vide registered sale deed dated 19.01.1960. It was further pleaded that both the brothers had raised construc)on over their respec)ve por)ons and that a*er shi*ing to Delhi, defendant Ishwar Chand had permi,ed some por)on to be used by Shyam Lal as a godown. The defendants thus asserted co-ownership in the suit property. 4. Upon apprecia)on of oral as well as documentary evidence, the learned trial Court dismissed the suit. The first appellate Court, while affirming the dismissal of the suit, categorically held that the sale deed Ex.P-6 clearly established that Shyam Lal and Ishwar Chand had jointly purchased the property in equal shares and, therefore, the par)es were co-sharers in the property. 5. Learned coun