MADHAV PRASAD Vs. RADHEY LAL

JUDGEMENT

(1.) Heard Sri H.M. Srivastava, learned Counsel for the appellant and Sri P.N. Saxena, learned Counsel for the respondents. The plaintiff-appellant Madhav Prasad and the defendant respondent Radhey Lal are real brother. By this second appeal plaintiff-appellant challenges the validity and correctness of the judgment and decree dated 12.4.2001 passed by Civil Judge (S.D.) Mahoba in Civil Appeal No. 20 of 1998, Mahadev Prasad v. Radhey Lal, dismissing the appeal with costs and upholding the judgment and decree dated 9.7.1998 passed by Civil Judge (J.D.) Mahoba dismissing the suit with costs filed by the plaintiff-appellant arising out of O.S. No. 204 of 1984.

(2.) The relief sought in the appeal is for allowing the appeal by setting aside the decree passed by the Courts below and for decreeing the suit filed by the plaintiff-appellant through out with costs.

(3.) The concurrent finding of facts by the Courts below by the impugned judgment and decree stated above, have been challenged by Madhav Prasad plaintiff/appellant on the ground that the sale-deed in favour of disputed land and house shown in the site plan as "Nizai Bara and Nizai Makan" was for the benefit of the entire family member having been purchased by defendant/respondent as karta of the Joint Hindu Family.