BABU LAL Vs. MOTI LAL

JUDGEMENT

(1.) This second appeal arises out of a suit for partition filed by plaintiffs- respondents Moti Lal and Nand Lal in respect of property situated in village Munshiganj, hamlet of Sakatpur, Pargana Asiwan-Rasoolabad Tahsil Hasanganj, District Unnao.

(2.) Plaintiffs and defendant Babu Lal are real brothers. Plaintiffs claimed two- third share in the house in suit and claimed its partition. Suit was contested by Babu Lal, who asserted that plaintiff Moti Lal has not been heard of for more than thirty years and as such his civil death will be presumed and the defendant, thus, claimed one-half share in the house in suit. It was further asserted that Moti Lal, who has joined in the suit as plaintiff is not his real brother and he is an imposter. Plaintiff Moti Lal examined himself as PW 1, his wife Pikbena was also examined as PW 5 and plaintiff Nand Lal was also examined as PW 2. Some other witnesses were also examined. Defendant examined himself and also examined some other witnesses, the reference of which is not necessary.

(3.) Trial Court, after taking evidence of the parties, held that the house in suit is ancestral and plaintiffs have two-third share in the house in dispute. It was further held that Moti Lal plaintiff No. 1 is the real brother of plaintiff No. 2 and defendant Babu Lal and that he has got one-third share in the property in suit. It was further held that the suit was not filed by an imposter on behalf of Moti Lal. With these findings the suit was decreed.