JAMUNA PRASAD JAISWAL Vs. MOTILAL JAYASWAL

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 26-7-2003 passed by the Additional District Judge, Link Court, Ramanujganj (CG) in Civil Suit No.9-A/2002 wherein the said court dismissed the suit filed by the original appellant/plaintiff namely Jamuna Prasad Jayaswal for partition of land mentioned in Schedule A-1 to A-6 of the plaint, total area about 99 acres and for declaration of title and possession of half of his share.

(2.) As per version of the respondents, the property in question is already partitioned and about 29 acres of land was gifted to respondents Jawaharlal Jayaswal and Motilal Jayaswal by Ramsurat in the year 1955 and that property is recorded in their names since 1955 and after partition all the shareholders are in possession of the land of their share, therefore, no ground for re- opening the said partition is available to the appellant. The appellant himself is in possession of land of his share since 1976 therefore, suit filed on 8-8-1995 is clearly barred by limitation. As per statement of the respondents and the document D/3 which is gift-deed, it is established that 29 acres of land was gifted to Motilal by Ramsurat and again gifted 27acres of land to Jawaharlal Jayawal as per document D/1 in the year 1955 and the said land was recorded in the name of Motilala Jayaswal and Jawaharlal Jayaswal .

(3.) Learned counsel for the appellant would submit as under: