RAM BILAS TEWARI Vs. SHIV RANI

JUDGEMENT

(1.) THE house in suit originally belonged to Ram Bali. A gift deed was executed by him on 29-4-1941 in favour of Smt. Mahdei daughter of Ram Bali. Smt. Mahdei died in the year 1957 after the enforcement of Hindu Succession Act. THE house thereupon devolved on her mother Smt. Mangla, who too died on 24-10-1961 leaving behind a son Ram Charan and daughter Smt. Saheb Dei. Ram Charan and Smt. Saheb Dei thus inherited the said house each having a half share therein. Ram Charan however, executed a gift deed in respect of the whole house in favour of his wife Smt. Shiv Rani on 24-1-1962. Smt. Saheb Dei on the other hand sold the entire house aforesaid to Ram Bilas on 3-3-1962. Ram Charan is now dead. Smt. Shiv Rani his wife is alive.

(2.) BEFORE the appellate court below it was stated by the learned counsel for the appellant as also the respondents that the plaintiff got only half share in the house whereas the remaining half belonged to Ram Charan and then the remaining half share of Ram Charan came to be owned by Smt. Shiv Rani. In this way Ram Bilas has half share in the house and the other half belongs to Smt. Shiv Rani, respondent No. 1.

(3.) IN the result, the appeal is allowed. The decree passed by the court below is set aside. The suit is decreed for partition of the share of Ram Bilas Tewari in the house in question. It is, however, made clear that Ram Bilas Tewari is owner of half share in the house in suit. Let a preliminary decree for partition be drawn accordingly. The relief for joint possession is not pressed. Learned counsel for the plaintiff has stated that the plaintiff's case is that instead of the relief for joint possession, he may be allowed partition of his share in the house. IN the circumstances, the parties shall bear their own costs. Appeal allowed.