PURANIK CHANDRAKAR Vs. JIVRAKHAN CHANDRAKAR

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this second appeal preferred by the appellants/defendants No.11 to 21 is as under:-

(2.) The dispute is with regard to the suit house situated at village Chhura, Tahsil Brindranavagarh, District Raipur area 1974.25 sq.ft. out of which in 1000 sq.ft. kachha house has been constructed. Admittedly, the suit house was joint family property headed by Brijlal Chandrakar. He had four sons namely, Jivrakhan, who is plaintiff herein, Bhuwanlal Chandrakar (defendant No.1), Jailal (defendants No.11 to 21 were successorin-interest of Jailal) and Bhukhanlal. It is admitted position on record that the suit house was joint family property and apart from this property, the joint family had several other properties, which were partitioned by Brijlal Chandarkar in the year 1967 during his lifetime and thereafter Brijlal died in the year 1995. It is also admitted position on record that Brijlal Chandrakar had kept 6 acres of land at village Semhra, which was partitioned by the parties after his death in the year 2001-02. The plaintiff filed a suit as back as on 1.9.2007 stating inter-alia that the suit house was held by all four brothers, Jivrakhan (plaintiff herein), Lakhanlal, Jailal and Bhukhanlal and it has not been partitioned, therefore, the plaintiff is entitled for 1/4th share in the suit house.

(3.) Defendants No.11 to 21 not only opposed the plaint allegations setting up a plea of earlier petition in the year 1967, but also laid counter-claim stating inter-alia that the suit property fell in their share on the partition held in the year 1967 during the life time of Brijlal Chandrakar and it be declared that partition has already been taken place between the parties in the year 1967 and the suit house has already been partitioned and fell in share of Jailal, predecessor-in-title of defendants No.11 to 21.