KANHAIYA LAL Vs. MADAN GOPAL GUPTA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by Sri V. N. Singh, Addl. Civil Judge, Allahabad, Civil Appeal No. 272 of 1978 arising out of regular Suit No. 457 of 1973. The decision of the lower appellate Court is dated 29-3-1979.

(2.) PLAINTIFF Kanhaiya Lal, had instituted the aforesaid regular suit for partition of his 1 /4th share in house no. 255 situate in Old Katra, Allahabad and for possession upon the share allotted to him as a result of the partition decree. The defendants are co-owners of the disputed property. The plaintiff has given a pedigree in para 1 of his plaint which is as follows :- <IMG>JUDGEMENT_414_AWC1_1994Image1.jpg</IMG>

(3.) THE substantial question of law which finds place at page 3 of the memorandum of the second appeal reads as follows :- "Whether mere legal partition in a joint Hindu family i.e. disruption of joint status at an earlier stags, can be proved by a party, to bar division by meets and bounds."