CHANDRAPAL SHARMA Vs. SUMATHI DEVI

JUDGEMENT

(1.) The unsuccessful defendants 3 and 4 in a suit in C.S.No.418 of 2007, which was filed for declaration of shares and consequential partition as well as incidental reliefs, are the appellants herein.

(2.) The suit properties originally belonged to one Bansilal Sharma, Ramlal Sharma and Rathanlal Sharma. The suit properties have been purchased under two separate sale deeds marked as Exs.P1 and P2. Ramlal Sharma died on 22.07.1977 leaving behind the plaintiffs and the ninth defendant as his legal heirs. Ex.P5 is the Legal Heir Certificate. Bansilal Sharma died on 06.12.1995 leaving behind defendants 1 to 7 as his legal heirs. Ex.P4 is the Legal Heir Certificate.

(3.) The ninth defendant earlier filed a suit in C.S.No.1460 of 1993 seeking partition. The suit was decreed ex-parte on 20.01.2004. Pending suit, even prior to the decree passed, Bansilal Sharma died as early as on 06.12.1995. Thereafter, the suit was filed by the plaintiffs seeking partition of 1/3rd share in the 1/3rd share of the deceased Ramlal Sharma in the suit properties.