KESHAV LAL Vs. KANHAIYA LAL

JUDGEMENT

(1.) Since the aforesaid two appeals i.e. S.A.Nos.463/2009 and 110/2010 arise out of the common judgment and decree passed by the Additional District Judge (F.T.C.), Dhamtari in Civil Appeal No.11A/2007, therefore, they were admitted by formulating the following common substantial question of law:-

(2.) The following genealogical tree would demonstrate the relationship among the parties:- Dhanau Ram

(3.) The suit property was originally held by Dhanau Ram. Original defendant No.1-Jhariyarin Bai, who was wife of Dhanau Ram, died during pendency of the suit on 9.9.93 and her name was deleted. The plaintiff and defendants No.2 to 7 are sons and daughters of Dhanau Ram and Jhariyarin Bai and defendant No.8 is son of defendant No.3. Plaintiff-Kanhaiyalal filed a suit for declaration of title, partition and separate possession and also sought declaration of Will dated 13.9.92 executed by defendant No.1- Jhariyarin Bai in favour of defendant No.8-Jhagendra Kumar as null and void. It was further pleaded by original plaintiff-Kanhaiyalal that oral partition was done in the year 1981 and 1983 and according to him, in oral partition done between three brothers, they were allotted the share shown in para-5B of the plaint. It was further pleaded that defendants No.4 to 7 did not claim any share in alleged partition held in the year 1981 and 1983, hence, they deemed to have relinquished their share in the ancestral property. In a suit filed before the trial Court, the plaintiff claimed that he is entitled for decree of partition on the basis of partition held in the year 1983 and he is entitled for possession of the suit land bearing Khasra Nos.27/1, 26/2 and 27 from defendants No.3 to 8 and Will dated 13.9.92 executed by defendant No.1 in favour of defendant No.8 is also null and void.