FULSINGH KURMI Vs. ROOPSINGH KURMI

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 17.02.2017 passed by District Judge, Bemetara, District- Bemetara (C.G.) in Civil Suit No. 11-A/2013, wherein the said court dismissed the suit filed by the appellant/plaintiff for declaring his 1/7 share in the property mentioned in Schedule- A, B and C of the plaint which is house, kitchen garden and barn and mentioned in Schedule- K, Kh and G which is open plot and for declaring 1/4 share in the land bearing Survey No. 356/1, area admeasuring 1.42 Hectare and for declaring not binding the sale-deed dated 02.06.2010 executed by respondent No. 9 to 12 in favour of respondents namely Roopsingh, Suresh and Chumman.

(2.) As per the appellant/ plaintiff, he and respondent No. 1 to 3 are real brothers and they partitioned the ancestral land admeasuring 28-29 acres in the year 2009. As per the plaint averment, the appellant and respondent No. 1 to 3 purchased the land bearing Survey No. 356/1 area 1.42 Hectare from respondent No. 9 to 12 and it is purchased from income of joint family in which the appellant paid 50% of the consideration amount. As per the appellant, the property mentioned in schedules of the plaint has not been partitioned between brothers, therefore, he filed a suit for declaration of 1/7 share in the said property and further, claimed 1/4 share which is purchased by him along with his brothers as mentioned above, but the trial court dismissed the suit contrary to the facts and legal aspect of the matter.

(3.) Learned counsel for the appellant submits as under:-