GANESHRAM SONI Vs. MARUTISHARAN SONI

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 20-02- 2018 passed by the Additional District Judge, Bemetara, District Bemetara (CG) in Civil Suit No. 5-A/2012 wherein the said court decreed the suit filed by Pardeshi Ram Soni for declaration of title over the land baring Survey No. 1735 area 0.04 hectare situated at village Saja Tahsil Saja, District Bemetara and for partition of land baring survey No. 1736 area 0.02 hectare situated at same place and for injunction. Present respondents are legal representatives of said Pardeshi Ram Soni.

(2.) As per suit averment which was filed by Pardeshi Ram Soni, his father Fudulram Soni had two sons and two daughters namely late Pardeshi Ram, late Mehtar Ram Soni, Panchvati Bai and Kumari Bai. During life time of Fudulram he purchased land bearing survey No. 1736 area 0./02 hectare which is situated at village Saja. Padeshiram Soni filed a suit for declaration of title of Survey No. 1735 and partition of Survey No. 1736 which was decreed by the trial Court. As per the appellant who is son of late Mehtar Ram Soni, land bearing survey No. 1735 area 0.04 hectare was purchased by Mehtar Ram Soni and therefore, Pardeshi Ram Soni has no right over the said land. Survey No. 1735 is purchased by Mehtar Ram Soni and it was never joint family property. The trial court recorded finding contrary to sale deed executed in favour of Mehtar Ram Soni.

(3.) Learned counsel for the appellant submits as under.