RAMAKANT SONI Vs. RAMRATAN SONI

JUDGEMENT

(1.) This is defendant's First Appeal filed under Section 96 of the Code of Civil Procedure (for short 'the C.P.C.') directed against the judgment and decree dated 29th March, 2005 passed by the 3rd Additional District Judge (F.T.C.), Janjgir in Civil Suit No.58- A/2004.

(2.) Plaintiff / respondent No.1 - Ramratan Soni, appellant / defendant No.1 - Ramakant Soni and respondent/defendant No.2 - Smt. Vijaylakshmi Soni are brothers and sister. Ramaratan Soni i.e. plaintiff instituted a suit for partition of joint family property i.e. house and moveable property described in Schedule of the plaint claiming 1/2 share in it. According to the plaintiff, suit property is coparcenery property belonging to plaintiff and defendant No.1 (appellant herein). His sister Smt. Vijay Lakshmi Soni, after marriage, is residing in her matrimonial home. Appellant, by filing written statement, denied partition inter alia on the ground: plaintiff relinquished his share in the suit property in lieu of Rs.20,000/- cash and some jewelry goods given by the appellant to the plaintiff.

(3.) The trial Court framed the following issues: