MANRAKHAN DEAD Vs. MUKTIRAM ALIAS NIYAMDAS

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 20-9-2000/23- 9-2000 passed by the Additional District Judge, Dhamtari (CG) in Civil Suit No. 31-A/91 wherein the said court declared 1/11 share of respondent No.1 in the land situated at Bhanpuri, total area 21.31 acres and again mesne profits of Rs.72,000/- upto date of decree and thereafter @ Rs.6000/- per annum till delivery of the possession of the land of his share against original appellants Manrakhan, Ganpatram and respondent No.2 Dhaniram.

(2.) The Respondent No.1/plaintiff namely Muktiram filed suit before the trial court alleging that Dhanaram was owner of the land measuring area 45.85 acres as per Ex.P/1. The said Dhanaram had five sons namely Manrakhan, Ganpatram, Mukti Ram alias Niyamdas, Dhaniram and Narayanlal and five daughters namely Chandbai, Bodhinbai, Tejinbai, Kumwar Bai and Homin Bai. As per version of original appellants Manrakhan, Ganpatram and respondent No.3 Dhaniram, they were managing the property. It was informed to Muktiram by villagers when he was in Kabeer Sahitya Mandir that the above three persons partitioned the property that is why he reached the village and demanded his share. As per version of Mankaran, Ganpatram and Dhaniram, their father namely Dhanaram partitioned the property through registered partition deed dated 2-4-1972, therefore, the suit filed in the month of May, 1988 is time barred. The trial court opined that though partition took place on 12-4-1972, but Mukti Ram is entitled for share in the land of his father namely Dhanaram who got the land measuring 21.31 acres in partition.

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