KAMLESH CHAND Vs. LALLAN BABU

JUDGEMENT

(1.) THE plaintiffs -respondents filed an Original Suit No. 150 of 1975 in the Court of Munsif, Sitapur with regard to partition of a plot, shown by letters A, B, C, D in the map appended with the plaint, situated in Pargana Hargaon GanJ, Tehsil and district Sitapur, alleging it as a Joint Hindu Family property, purchased out of the earnings of Joint Hindu Family business in the year 1949. The plaintiff alleged that the plot was recorded in Revenue Papers in the name of defendant Prabhu Dayal being the karta of the family in which the plaintiffs had half share which the defendants denied.

(2.) IN their written statements, the defendants denied the allegations of there being any joint family business between the father of the plaintiffs and Prabhu Dayal, claiming the plot was purchased by Prabhu Dayal out of his own earnings and since then he was in exclusive possession of the said plot.

(3.) MUNSIF Sitapur after recording the evidence of both the parties and hearing them, decreed the suit of the plaintiffs for partition and negatived the factum of compromise between the parties.