HEERA LAL, S/O BUTAN @ BUTU Vs. FULAWA

JUDGEMENT

(1.) This second appeal preferred by the plaintiff (appellant) was admitted on the following substantial question of law: -­ "Whether the first appellate Court, after having held that the suit property mentioned in 'Schedule A' of the plaint admeasuring 4.038 hectares was the self-­acquired property of Late Butan, father of plaintiff and original defendant No.1 and he has sold the said suit property to the plaintiff by registered sale deed dated 18/02/1972 (Ex. P/7), was justified in holding that Late Butan has already partitioned the suit property during his lifetime giving - 1/2 of the share to his other son i.e. original defendant No.1, therefore, plaintiff will only be entitled for 1.845 hectares of land which is perverse and contrary to record?"

(2.) Plaintiff Heeralal and original defendant No.1 Jagdev both were brothers. Defendant No.1 died during the pendency of suit and his legal representatives were brought on record. The sole plaintiff filed suit for declaration and permanent injunction with regard to the property shown in Schedule 'Ka' of the plaint that he is the exclusive title holder of the suit property shown in Schedule 'Ka' i.e. total 14 Khasras, area 4.038 acres, whereas the property shown in Schedule 'Kha' of the plaint is the self-­acquired property of their father Butan in which he is entitled for half share.

(3.) Original defendant No.1 setup a plea that the property shown in Schedule 'Ka' is the self-­acquired property of his grand-­father Devman from whom his father Butan has inherited by way of inheritance, as such, Butan, the plaintiff and defendant No.1 all three have equal share in the said property and likewise, the property shown in Schedule 'Kha' is also his self-­acquired property, as such, the suit deserves to be dismissed.