RAGHUNATH Vs. PHULBASIA

JUDGEMENT

(1.) This second appeal preferred by the plaintiff was admitted for hearing by formulating the following substantial question of law: -

(2.) The suit property was originally held by one Moti. He had two daughters namely, Phulbasiya and Gendi defendants No.1 and 2 herein respectively. The plaintiff is husband of Gendi, though at the time of filing of suit Gendi had separated from the plaintiff and has entered into marriage with someone else. It is the case of the plaintiff that he being the gharjamai damaad (son-in-law) of Moti was staying with his father-in-law (Moti) and after death of his father-in-law Moti, the suit property was involved in a litigation being subject matter of Civil Suit No.21-A/1973 (Smt. Phulbasiya and another v. Ghansai and others) in which he was contesting the suit on behalf of defendants No.1 & 2 herein (plaintiffs therein) and the suit resulted in favour of defendants No.1 & 2 herein and thereafter, Ex.P-6 was executed by the plaintiff and defendants No.1 & 2 jointly on 3/5/1980 after having agreed that each of them would take one share in the suit property and on the basis of arrangement between the plaintiff and defendants No.1 & 2 that each of the family members including the plaintiff would get one share in the suit property, he is entitled for declaration of title, partition and permanent injunction in respect of the suit land in which defendant No.1 by filing her written statement denied the execution of Ex.P-6 and set-up the plea of forgery in respect of the said document and claimed dismissal of the suit stating that the plaintiff is not entitled for any decree in the suit. Defendant No.2, however, admitted execution of Ex.P-6 panchnama in favour of the plaintiff.

(3.) The trial Court upon consideration of oral and documentary evidence on record, decreed the suit of the plaintiff holding that the execution of document Ex.P-6 between the plaintiff and defendants No.1 & 2 is established, as defendant No.1 Phulbasiya has admitted the fact of partition / arrangement between the parties in the Panchayat, though she disputed the execution of Ex.P-6 among the parties.