ROOPCHAND Vs. LAXMINATH

JUDGEMENT

(1.) The appellant/plaintiff has filed the Second Appeal under Sec. 100 of the Code of Civil Procedure, 1908 being aggrieved by the judgment and decree dtd. 21/9/2010 passed by learned Additional District Judge (Fast Track Court), Kondagaon District Bastar in Civil Appeal No. 7-A/2007 by which the judgment and decree dtd. 8/8/2003 passed by the Additional Judge, Kondagaon to the Court of Ist Civil Judge, Class-1, Jagdalpur in Civil Suit No. 30-A/97 has been set aside.

(2.) This second appeal has been admitted by this court on 15/9/2020 on the following substantial questions of law:-

(3.) The brief facts as reflected from the records are that the plaintiff has filed a civil suit before learned First Civil Judge, Class-I, Kondagaon for declaration, partition and possession mainly contending that the plaintiff and defendants are members of one family and genealogical tree of the family was also mentioned, according to which Roopdhar who was grand-father of the plaintiff has five sons namely Sonuram, Budhram, Laxman, Asturam and Punauram. Budhram has two sons namely Roopchand and Ramchand. Asturam has two sons namely Jagdish and Umashankar. Punauram has one son namely Jugal Kishore and Sonuram has seven sons namely Laxminath, Shyamlal, Premnath, Ganesh, Jagannath, Biharilal, Nandkishore and Ramchand. Grand-father of the plaintiff was settled at Bastar and his marriage was solemnized with Kunjbai at Kondagaon. Grand-father of Roopdhar was running liquor shop. Plaintiff's uncle was the eldest member of the family and rest of four brothers were minors, the age of Budhram was ten years, Laxman was eight years, Asturam and Punauram were kids.