JAGDISH PRASAD RATHORE Vs. A. GANGOTRI BAI

JUDGEMENT

(1.) This second appeal preferred by the plaintiff (now, his Lrs.) was admitted for hearing on the following substantial question of law :- "Whether the Courts below committed an error of law by holding that the lands described in Schedule B and C of the plaint were not the joint family property and further holding that the same were the self acquired lands of defendant Badri Prasad, who according to the plaintiff was a member of co-parcenary ?"

(2.) Original plaintiff Jagdish Prasad and original defendant No. 1 Badri Prasad, both are the sons of Late Shri Heeraram, born out of his wedlock Samund Bai is the second wife of Late Shri Heeraram and defendant No. 4 Bhuneshwar Prasad is his son born out of his wedlock with his second wife Samund Bai.

(3.) Original plaintiff - Jagdish Prasad Rathore filed a suit for declaration of title, partition and mesne profit upon the suit property shown in Schedule A, B and C annexed with the plaint contending that the parties constituted co-parcenery forming joint Hindu family with common ancestor Heeraram and the suit property mentioned in Schedule B and C of the plaint were purchased from the income of the joint family and his wife, therefore, plaintiff is entitled for 1/2 share in the suit property.