KRISHNA KUMAR SONI Vs. RAJULAL SONI

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 24-4-2001 passed by Shri M, Katulkar, VIth Additional District Judge, Durg, in Civil Suit No. 11-A/ 2000 granting partition of the joint family property and severance of one-forth share of the respondent/plaintiff, the appellants/defendants have preferred this appeal.

(2.) THE following facts are not disputed in this appeal: Chandulal Soni was the owner of the suit house as shown in the map annexed to the plaint situated in Motipara, in front of Luchki Talab, Durg. THE respondent/plaintiff Rajulal Soni, appellants/defendants No. 9, Kamta Prasad Soni and No. 10, Babulal Soni and Makhanlal Soni were the sons of Chandulal Soni. Makhanlal Soni was the eldest amongst the sons. THE appellants/ defendants-Nos. 1 to 6 are the sons, No. 7, the daughter and No. 8, the widow of Makhanlal Soni. After the death of Chandulal Soni in 1956, under a family arrangement, late Makhanlal Soni and his three brothers continued to reside in portions of the suit house which were in their occupation. Names of Makhanlal Soni, Kamta Prasad Soni, Babulal Soni and Rajulal Soni are jointly recorded over the suit property in the Nazul Records.

(3.) THE appellants/defendants Nos. 1 to 8 pleaded that Makhanlal Soni and his three brothers had partitioned the suit property under a family an arrangement, under which the ground floor had fallen to the share of Makhanlal Soni. Makhanlal soni had constructed a hall, shops, latrine at his own expense. It was also pleaded that Makhanlal Soni had incurred the entire expenditure in the construction of the suit house.