JAGDISHDAS Vs. TULESHWARDAS

JUDGEMENT

(1.) The appellant/plaintiff has filed present appeal under Sec. 96 of the CPC challenging the judgment and decree passed by the learned 6th Additional Judge to the Court of District Judge, Raipur in Civil Suit No. 291-A/95 by which the learned trial Court has only partly allowed the suit, but, not granted partition of the suit property recorded in the name of Tuleshwardas and Urmilabai as these properties are found not belonging to Joint Hindu Family.

(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 are that the plaintiff has filed civil suit contending that defendant No. 1 is his brother, defendants No. 2 and 3 are his sisters and defendant No. 4 is his mother. He would submit that the lands situated at village Borid total measuring 6.228 Ha. as shown in Schedule A of the plaint are ancestral property. The lands purchased by Tuleshwardas and Urmilabai are from the income generated from the nucleus of the ancestral property, as such they have common share in the property. The house mentioned in Schedule B is worth Rs.1.50 lakhs which is in the name of his father. Another house mentioned in Schedule C is in the name of Tuleshwardas which is worth Rs.24,000.00 and this property is also belonging to joint hindu family property. The plaintiff and defendants have equal share in the property. Beside this there is a saving bank account in Gramin Bank, Aarang in which Rs.10,000.00 is available. In this amount he is entitled for 1/3rd share. Defendants No. 1 and 4 are in possession of the entire property where as defendants No. 2 and 3 are residing in their matrimonial house. Defendant No. 1 has sold paddy for the amount of Rs.18,000.00 in which he has also 1/3rd share. He sent notice on 6/3/1995 to the defendants for partition by registered post but defendant No. 1 did not give partition, this necessitated him to file the present suit.