BHAGELA Vs. MOTILAL

JUDGEMENT

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

(2.) Plaintiff as well as defendants No. 1 and 2 herein are all brothers. The suit property is part of a land which was purchased by their father namely Sarha, in his lifetime, in the name of all three brothers from Budhiyarin by a registered sale deed dated 17/01/1957.

(3.) Plaintiff brought a civil suit bearing No. 51A/2001 holding that the suit property bearing khasra No. 1845 with an area of 0.40 hectares is the joint family property of plaintiff and defendants No. 1 and 2, therefore, a bare declaration be granted in his favour, which the defendants controverted by filing written statement stating inter alia that the suit property has already been partitioned and after partition, it fell in the share of defendant No. 1, therefore, the civil suit deserves to be dismissed.