LAXMI NARAYAN SAHU Vs. DHELABAI CHAMROOLAL SAHU

JUDGEMENT

(1.) The appellant has filed present appeal challenging the judgment and decree passed by the learned Second Additional District Judge, Raipur in Civil Suit No. 1A/2008 by which the learned trial Court has partly allowed the suit and held that the plaintiff is entitled to get 1/8th share of the house belonging to the joint Hindu family situated at Jorapara, Raipur. The plaintiff's claim for rest of the property mentioned in para 5 of the plaint has been negated by the trial Court.

(2.) For the sake of convenience parties would be referred to as per their status shown in the suit filed before the trial Court.

(3.) The brief facts as reflected from the plaint averments is that the plaintiff is son of defendant No. 1, defendants No. 2 to 4 are brothers of the plaintiff, defendants No. 5 to 7 are sisters and defendant No. 8 is son of defendant No. 2. The plaintiff's father Chamroolal expired on 7/1/1993 and the plaintiff and defendants have received the property which is described in the tabular format in the foregoing paragraph as joint Hindu family property. It has been further contended that the plaintiff's father was suffering from long illness and expired on 7/1/1993. It has been further contended that his father was doing grocery business in the name and style of 'Meena Kirana Store'. He was also working as commission agent for food grains. The plaintiff and defendants were also assisting their father. The plaintiff's father purchased the property being manager of the joint Hindu family property from the earnings of Meena Kirana Store. As such, the deceased, plaintiff and defendants had equal share on that shop. Details of the joint Hindu family property are shown below:-