MAKHAN LAL AND ORS. Vs. GHANSHYAM AND ORS.

JUDGEMENT

(1.) THIS first appeal under Section 96 of Code of Civil Procedure has been preferred to challenge the final decree in a suit for partition passed by the VI Additional District Judge, Bilaspur on 09 -03 -2007 in Miscellaneous Civil Case No. 25/06. The Appellants were the Defendants in the trial Court. The Plaintiffs/Respondents No. 1 to 5 instituted the suit for partition and possession on 08 -04 -1970 with respect to the properties mentioned in Schedule 'A' to 'K' annexed with the plaint and for maintenance @ Rs. 100/ - per month to the original Plaintiff No. 5 Smt. Geetabai and original Plaintiff No. 6 Gyanbai. The Plaintiffs No. 1 to 4 and No. 6 were born to Geetaoai through Defendant No. 1 Kriparam. Defendant No. 2 Makhan Lal and Defendant No. 3 Balram are the sons of Kriparam through his wife Smt. Nand Kunwar. Kriparam and Ishar are the sons of Chherik who is dead. Ishar died during pendency of the suit. The properties are situated at village Tifra, Ameri, Jarhabhatha, Ghuru, Saida and others mentioned in Schedule 'A' to 'K' of the plaint in tahsil and district -Bilaspur. According to the Plaintiff the suit property are the joint family properties, however Defendant Kripararam in collusion with his wife Nandkunwar removed the Plaintiffs from the house situated at Jarhabhatha in 1964 and they started living in Chantidih. In the year 1966 Kriparam gave six quarters to the Plaintiffs for their residence and in 1969 the seventh quarter was also given to the Plaintiffs. The Defendants are disposing of the joint family property wherein the Plaintiffs are entitled for partition.

(2.) THE Defendants denied the claim of the Plaintiffs. It was denied that Geetabai was wife of Kriparam it was also stated that Plaintiffs are not the members of joint Hindu family. According to the Defendants land bearing Khasra No. 604/01 village Tifra mentioned in Schedule A, Khasra No. 95, 482, 501/2 and 503 situated in village Ameri and mentioned in Schedule 'B'; Khasra No. 297, 300, 301 mentioned in schedule 'C' have been acquired by Kriparam and Ishar from their own earnings and is not a part of a joint property. It was also stated that Khasra No. 292 and 302/3 have been given to Kriparam and Ishar by Ghuru and thus these lands are their self acquired property. On Khasra No. 86, which was given to Ishar and Kriparam by Chherik, a Kachcha house was constructed which was lateron converted into a Pakka house from their own income and is not an ancestral property. Similarly the Defendants stated that lands bearing Khasra No. 83/1. 83/2. 88/1 and 98/1 mentioned in Schedule 'E' are the self acquired property of the Defendants Ishar and Kriparama. At the end of trial a preliminary decree was passed in Civil Suit No. 3 -A/1970 in the Court of District Judge, Bilaspur on 02 -02 -1973. The trial Court recorded the following findings:

(3.) THE trial Court passed the preliminary decree to the following effect: