KRISHNA KUMAR TIWARI Vs. BHARAT PRASAD TIWARI DIED,

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 96 of the Code of Civil Procedure, 1908 against the judgment and decree dated 18-10-2000 passed by the District Judge, Ambikapur, District Surguja (CG) in Civil Suit No. 6-A/99 whereby the said court declared 1/5th share to appellant and respondents No. 1 to 4 in the property mentioned in Schedule A, B, C, D and E in the plaint, but dismissed the suit for partition for land mentioned in Schedule-F of the plaint.

(2.) As per the case of the appellant, the property in Schedule-F of the plaint is also joint Hindu Property, but the trial Court recorded its finding that the same is not the joint Hindu Family property which is erroneous as per evidence led before the trial Court. As the property is purchased out of income of the joint Hindu family, therefore, that property should also be declared as joint Hindu Family property and partition of the same be ordered.

(3.) On the other hand, learned counsel for the respondents No. 1 to 5 would submit that the property mentioned in Schedule-F is self-acquired property of respondent No.5 for consideration of Rs. 40,000/- and it cannot be declared as joint Hindu Family property.