JAYANT GOPALRAO PANCHADE Vs. MOTILAL KUBER KANOJE

JUDGEMENT

(1.) By this appeal, the appellant has challenged the judgment and decree dated 23rd October, 1991 passed by the 4th Additional District Judge, Akola in Regular Civil Appeal No. 306 of 1988 whereby the 1st Appellate Court allowed the appeal setting aside judgment and decree dated 30-6-1988 passed in Regular Civil Suit No. 90 of 1986 by the Civil Judge, Junior Division, Murtizapur.

(2.) The facts which appear from record may be briefly stated as under.

(3.) Defendant No. 1 in his Written Statement that the alleged partition was nominal, just to avoid the clutches of Ceiling Act and was never acted upon. It was contended that the sale was effected for education purpose and for cultivation of lands and there did exist legal necessity. He denied date of birth of plaintiff and prayed for dismissal of suit.