RAM KUMAR SONI Vs. PREMBATI (DIED) THROUGH LRS

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this plaintiff's second appeal is as under: -

(2.) With the consent of parties, the substantial question of law is reframed as under: -

(3.) The suit house bearing Corporation No.29/451, Hatripara Ward, Tahsil & District Raipur was held originally by Tularam Soni who died leaving behind him his three sons Radheshyam, Vidyanand (original plaintiff) and Ramesh alias Raghunath Prasad (defendant No.2). Three sons effected an amicable partition evidenced by agreement Ex.P-1 dated 20-10-1965. Middle portion fell to Raghunath Prasad (defendant No.2) while northern and southern portions fell to remaining two brothers. It was stipulated between the three brothers that dividing wall shall be constructed after Nistar arrangements are done and thereafter, steps for mutation in the Corporation shall be taken. Raghunath Prasad defendant No.2 by registered sale deed dated 29-10-1980 sold his share in middle portion to Smt. Prembati Bai (original defendant No.1) giving rise to an action claiming pre-emption by the original plaintiff, the elder brother.