GANESH PRASAD ALIAS GUJJAN Vs. RAJA RAM

JUDGEMENT

(1.) This is a second appeal by the plaintiff-appellant against the judgment and decree dated 23rd Jan. 1981 of the learned Civil Judge, Mirzapur, holding that the plaintiff was the owner in possession of half portion in the suit house and reversing the decree of the trial court declaring the plaintiff as owner of 3/4th portion of the suit house.

(2.) The plaintiff filed a suit for declaration, inter alia, that he was the owner of the entire suit house. The plaint contained the following dedigree:-

(3.) The plaint case was that both the sons of Dwarka had purchased the suit house under a registered sale deed dated 12.2.1885 from Sri Ganga Dhar Khandelwal; that Sri Badri Prasad was married only with Mst. Gaura and he had no other wife; that Sri Badri Prasad relinquished his half share in the suit house in favour of his brother Gauri Shanker under the deed dated 15.4.1909 that thereafter Sri Gauri Shanker became the sole owner of the suit house; that on 20th April, 1921 Sri Gauri Shanker executed a will, which was never registered, in favour of the plaintiff's father; that Sri Gauri Shanker died issue-less about 40 years ago and then the plaintiff's father became the sole owner of the suit house; that on the death of Sri Bhola Nath, the entire suit house devolved upon the plaintiff; that one Smt. Mahadei was a tenant of eastern half portion of the suit house and after her, the defendant became the tenant of the same; that he was liable to be ejected, as he defaulted in the payment of rent despite demand; that the defendant started setting up his own claim to the eastern portion of the suit house and he started making constructions in the said portion and, therefore, the plaintiff filed the suit for declaration and injunction.