BHOLA SINGH Vs. PREETAM SINGH (SINCE DEAD)

JUDGEMENT

(1.) This second appeal under Section 100 of C.P.C. has been preferred against the judgment dated 31.1.2005 passed by 5 th Additional District Judge, Fast Track Court, Chhatarpur in Civil Appeal No.70-A/2004 confirming the judgment and decree dated 22.7.2004 passed by I Civil Judge, Class II, Chattarpur in Civil Suit No. 57-A/03.

(2.) In this case the admitted facts are that the appellant/plaintiff and the original respondent/defendant no. 1 Preetan Singh (now he is dead) are sons of late Durag Singh and the respondents/defendant nos. 2 and 3 are sons of original respondent/defendant no. 1 Preetam Singh and the respondent/defendant Dinesh is son of the plaintiff/appellant.

(3.) Facts giving rise to this appeal are that the appellant/plaintiff filed a civil suit before the trial Court stating that the plaintiff/appellant and his brother, original defendant/respondent no. 1 Preetam Singh and their father Durag Singh were coparceners and have several lands and on 9.5.1978 amongst them partition had taken place in which land bearing survey no. 2461 area 2.096 hectares, survey no. 2664/3 area 1.173 hectares, survey no. 2664/4 area 1.475 hectares and survey no. 770 area 0.263 hectares situated in village Bagota, Tehsil and District Chhatarpur came in his share. After the partition, he became the sole owner of the lands but his father Durag Singh and his brother Preetam Singh got the aforesaid land further partitioned by the order of the Revenue Court and on the basis of the aforesaid partition order dated 30.1.1991 his father Durag Singh sold out half share of the land bearing Survey No. 2461 in favour of respondents/defendant nos. 2 and 3 and remaining half share in favour of the respondent/defendant no. 4. While the appellant/plaintiff is the sole owner of the aforesaid land survey 2461, on the basis of earlier partition dated 9.5.1978, therefore, he be declared to be owner of the aforesaid land and the order of Revenue Court with regard to partition and the sale deed executed vide sale deed dated 25.6.1992 in favour of respondent nos. 2 to 4 be declared null and void.