PUSHPALATA Vs. VIJAY KUMAR (DEAD)

JUDGEMENT

(1.) With the consent of the parties, this matter is heard finally. The present appeal challenges a judgment of the Madhya Pradesh High Court at Jabalpur, dismissing the petitioners' second appeal,[Second Appeal No. 1738/2005, judgment dtd. 4/4/2013 passed by the Madhya Pradesh High Court at Jabalpur.] and affirming the order and decree passed by the trial court[Civil Suit No. 47A/94, judgment dtd. 29/9/2004 passed by the Second Civil Judge, Class-I, Mandla (MP).].

(2.) The original first plaintiff - Laxmi Prasad, was the karta of a Hindu Undivided Family (HUF) consisting of his wife, Janki Bai (second plaintiff), two daughters - Sarita and Pushpalata (second and third plaintiffs), and two sons - Vijay Kumar and Rajendra Kumar (the first two defendants). The parties are hereafter referred by name, or as 'plaintiffs' and 'defendants'.

(3.) Laxmi Prasad purchased a property measuring 1.6 acres at Khasra No. 44/2 (in Bandobast No. 102, Patwari Halka No. 65 in Lalipur Ward) by agreement dtd. 15/2/1960 (hereafter "first property"). This first property was purchased in the name of Vijay Kumar (i.e., his son and first defendant). Another piece of property measuring 2332 sq. ft (Plot No. 1/1 in Nazul Street No. 22B; hereafter "second property") was purchased by Laxmi Prasad on 21/2/5/1966 in the names of his two sons - Vijay Kumar and Rajendra Kumar. It was alleged that Laxmi Prasad later constructed a two-storied building, with his earnings. Similarly, Laxmi Prasad purchased two more properties admeasuring 150 sq. ft. on 18/12/1972 and 453 sq. ft. on 25/5/1973, again in the names of Vijay Kumar and Rajendra Kumar. According to Laxmi Prasad, these properties were bought by him for the proper maintenance and education of his children; he was involved in the construction business.