RAJ NARAIN Vs. RAJ KISHOR

JUDGEMENT

(1.) This is defendant's second appeal being aggrieved by the judgment of reversal by which the suit for partition filed by the plaintiff-respondents was initially dismissed by the court of 4th Additional Munsif Gonda vide judgment and decree dated 03.04.1986 passed in Regular Suit No.62 of 1985 was reversed and suit decreed in First Appeal No.59 of 1986 by means of the judgment and decree dated 28.01.1987.

(2.) The plaintiff-respondents instituted the suit for partition on the ground that the disputed property in question was purchased by means of a registered sale-deed dated 03.11.1978 alongwith the three defendants who are real brothers. It was further stated that all other properties which they got from their father was already partitioned amongst themselves around 15 to 20 years prior to the institution of the suit and it is this disputed property alone which was purchased in 1978 was the subject matter, wherein the plaintiff had 1/4th share and for the aforesaid purpose suit was instituted.

(3.) The defendant no.1 who is appellant before this Court filed a separate written statement and took a plea that all the properties in question were partitioned including the disputed property and the disputed property was received by the defendant no.1 in the aforesaid partition exclusively, accordingly neither the plaintiff nor the defendants no.2 and 3 had any right. The defendant no.1/appellant also pleaded that the plaintiff and other defendants had already got a share in lieu of the disputed property and since the disputed property was already partitioned, therefore, another partition was not possible.