KAMLA SHARMA DEAD Vs. SHAILENDRA KUMAR DEAD

JUDGEMENT

(1.) THE Original Suit No. 41 of 1977 was filed by the respondent No. 1 against the appellants and other respondents for partition of his l/16th share over house No. 22, Dilkusha, New Katra, Allahabad.

(2.) THE case of the plaintiffs can be understood properly by the following pedigree:

(3.) THE appellants only contested the case. The other defendants - respondents admitted the plaintiff's case. The appel ­lants however did not dispute the above pedigree, but they claimed that the house m dispute was acquired by Smt. Yashoda Devi from her stridhan and she was ab ­solute owner of the same that it was not acquired from the ancestral funds or by the earnings of Hanuman Prasad that Devi Prasad another son of the Hanuman Prasad died in October, 1936 and his wife shifted to maika. Sheo Prasad son of Smt. Yashoda Devi was looking after her and the property was gifted by Smt. Yashoda Devi in favour of Sheo Prasad with her own free -will that therefore, appellants be ­came absolute owner of the property that the plaintiff has no share in the same.