PREMA DEVI Vs. ASHOK KUMAR SETH

JUDGEMENT

(1.) The Civil Second Appeal No. 585 of 1977 and Second Appeal No. 596 of 1977 have been filed against the same judgment and decree of the court below. Hence, they are heard together. I have heard the learned counsel for the appellant Sri D. C. Mukharji in Second Appeal No. 585 of 1977 and Sri R. K. Sharma, learned counsel for the respondent as well as Shri P. L. Mishra, learned counsel for respondent in Second Appeal No. 596 of 1977.

(2.) The controversy for adjudication in two second appeals relates to two houses belonging to one late Sri Govind Prasad. The first house is situated at Railway Ganj, Central Bank Road, Hardoi and another house is situated at Railway Ganj, Vaish Pathshala Road. Hardoi. The undisputed factual matrix of the case is that late Sri Govind Seth was having four sons, namely, Kanhaiye Lal, Nanhey Lal, Ram Narayan and Ram Lal. Shri Kanhaiya Lal was having one son, namely, Ashok Kumar and Shri Nanhey Lal was bachelor.

(3.) Sri Ashok Kumar son of late Sri Kanhaiya Lal has filed a Regular Suit No. 47 of 1969 claiming half of share of his father's right accruing in two houses situated in District Hardoi. There is no dispute that all four sons of late Shri Govind Prasad were entitled for l/4th share for property. In the Regular Suit written statement was filed by Shri Kanhaiya Lal and none of the defendants in the regular suit had raised objection relating to 1/2 share of Sri Ashok Kumar out of share of Shri Kanhaiya Lal. Accordingly, the suit was decreed and the temporary decree was issued by the trial court on 10th October, 1973.