RAMNARAYAN @ RAJESH Vs. CHAMELI BAI

JUDGEMENT

(1.) This second appeal under Section 100 of the CPC filed by the plaintiff was admitted for hearing by formulating the following substantial question of law: -

(2.) The following genealogical tree would demonstrate the relationship among the parties: Derha

(3.) The suit property shown in Schedules A, B and C appended with the plaint was originally held by Bisauha. He had four sons Kishore Kumar, Laxminarayan @ Lala, Ramnarayan (plaintiff) and Tekuram. The plaintiff is one of the sons of Bisauha and the defendants are widow and daughters of Laxminarayan, as Laxminarayan died on 30- 04-1999. The plaintiff filed suit for partition and possession stating inter alia that he being the son of Bisauha, is entitled for 1/6 share in the suit property mentioned in Schedules A, B & C of the plaint, as the property shown in Schedule B was purchased out of the income of the joint family on 9-2-1982 and 21-7-1978 vide Exs.P-1 & P-2 in the name of minor son Laxminarayan which the defendants opposed and denied by filing written statement controverting the allegations made in the plaint.