DURGA BAI Vs. MURARI PRASAD

JUDGEMENT

(1.) This second appeal preferred by the defendant was admitted on the following substantial question of law: -­ "Whether the lower appellate Court was not justified in passing a decree of declaration in favour of plaintiff No.2 to the extent of - 1/2 share in the suit property in view of the admissions regarding presence of 5 more co-­parceners in the family of deceased Ganesh Prasad?"

(2.) The following genealogical tree would demonstrate relationship among the parties: -­ Ganesh Prasad (dead) Rambisal (dead) Kashi Prasad (defendant) Madan Khediya Bai (dead) Durga Murari Prasad (Plaintiff) Prakash Prakhar Arti Anjani Aparana

(3.) The suit property was originally held by Ganesh Prasad - paternal grand-­father of plaintiff Murari Prasad. Murari Prasad - the original plaintiff, filed suit that the suit land was recorded in the name of his grand-­father Ganesh Prasad and he has right in the suit land by birth, as the other properties have already been partitioned by his father's two brothers namely, Rambisal and Madan and his father had removed him from his house and refused to give share and finally in January, 2000, when the plaintiff demanded his share, same was denied as such, the cause of action arose in January, 2000 and the plaintiff is entitled for declaration of title which the father - defendant disputed by filing written statement that he had already given 2 acres of land to the plaintiff on the condition that he will not demand any partition.