BANSHILAL Vs. MANIK (DEAD)

JUDGEMENT

(1.) This appeal is preferred against judgment and decree dated 10.5.2006 passed by Additional District Judge Mungeli, (CG) in Civil Appeal No.17A/2005 arising out of judgment and decree dated 17.02.2000 passed by Civil Judge Class-I, Mungeli in Civil Suit No.20A/1990.

(2.) The appeal is admitted on the following substantial question of law:-

(3.) The property involved in the present case is situated at village Charnithola Tahsil Lormi, Distt. Bilaspur which consist of PH No.9 survey No. area of measuring 20.54 acres mentioned Schedule A of the plaint. It is pleaded that originally the property was owned by ancestor Deo Rai who has two sons namely Jatiram and Baisakhu. Jatiram has two sons namely Jeenath and Gaukaran and Baisakhu has two successors namely Nakul and Sita Bai. Girdhar and Kundar are the sons of Jeenath and they filed suit for declaration and permanent injunction against their brother Sunder who is also the son of Jeenath. It is pleaded by original plaintiffs Girdhar and Kundan that partition took place in the year 1970 and disputed property bearing Survey No.57/2 area 2.26 acres Survey No.171/2, area 2.27 acres, survey No.199/1 area 2.26 acres, survey No.199/2 area 2.88 acres, Survey No. 199/3 area 2.15 acres, Survey No.200 area 4.57 acres, survey No.239/3 area 1.24 acres, survey No.240/3 area 0.50 acres, survey No.265/3 area 0.84 area, survey No.300/2 area 1.5 acres came in the share of original plaintiff namely Girdhar, Kundan, Rekhchand, Guruprasad and Manik. It is pleaded that the property is recorded in the name of their brother Sunder that is why suit was filed before the trial Court but the said suit was dismissed. In appeal, the first appellate Court reversed the judgment of the trial Court and recorded finding against Sunder. The second appeal is preferred by legal representatives of Sunder against the decree of first appellate Court.