DHARMAWATI TEWARIS Vs. PREM SHANKER TEWARI

JUDGEMENT

(1.) THIS is defendant's second appeal filed against the judgment and decree dated; 5 -2 -1982 passed by IV Addl. District Judge, Lucknow in civil ap ­peal No. 262 of 1972.

(2.) PLAINTIFFS respondents filed original Suit No. 594/61 for partition of their 4/35th share in the house in dispute situated at Mirzapur, Deputy Raghubar Dayal Lane, Narhi Lucknow, described and specified by the boundaries given at the foot of the plaint. In Schedule -A an ­nexed to the plaint, following family pedigree was given -

(3.) SUIT was contested by the defen ­dants No. 1,7,8 and 9. Who have filed their written statement denying the claim of the plaintiffs -Respondents. It was pleaded that the house in dispute was not the joint family property, it was acquired by Devi Shanker, out of his personal funds by means of a registered sale -deed dated 1 -9 -1913 for an amount of Rs. 2150. from Thakur Bal Krishna and Lal Ji Lal. It was also pleaded that original suit No. 34/61 was filed by the defendants No. 1 to 6 which was decided in terms of compromise on 5 -10 -1961 and a registered partition deed was executed by the parties in pursuance of the said decree. Therefore, there was no question of further partition of the house in dispute. On the basis of the pleadings of the parties, trial Court framed following issues: