RSA 243 of 2007. 17.9.2008 Present: Mr. G.S.Rathore, counsel for the appellant. Mr. Anand Sharma, counsel for the respondent. This is the defendant’s appeal against the judgment of reversal by the trial Court dismissing the suit of the plaintiff praying for a preliminary decree for partition of the suit land. The plaintiff – respondent herein filed a suit for partition of the suit land as described in the plaint. The learned trial Court dismissed the suit. In appeal, the learned District Judge, after detailed consideration, held the plaintiff entitled to a preliminary decree. The plaintiff was held to be entitled to half share of the land. Learned counsel for the appellant urges that the judgment cannot be sustained as the findings by the learned appellate Court are against facts. The learned District Judge, on consideration of the evidence, held that the defendant has admitted the plaintiff to be his brother and also on the death of Rasalu, the suit land/ house was inherited by his two sons, namely the plaintiff and defendant in equal shares. The findings arrived at by the -2- Court below cannot be faulted with. These findings cannot be upset as there is no perversity in arriving at these findings. No question of law, much less substantial question of law, arises for determination in this appeal which is accordingly dismissed. There shall be no order as to costs. Pending applications shall stand dismissed. September 17, 2008 (PC). (Dev Darshan Sud), J.