ASHOK Vs. GANGA VISHAN

JUDGEMENT

(1.) Appellant Ashok was defendant No.3 before the Trial Court. Respondent Nos.1 & 2 have filed a civil suit before the Trial Court for partition of ancestral property and giving them possession over 1/6 th share of the suit property with a prayer to restrain the defendant from interfering in the suit land.

(2.) It was averred by the plaintiffs that the property in question belonged to their father Panna Lal. There is no partition of ancestral land. Defendant Nos.1 to 3, being real brothers, are in possession over the land in question. Defendant Nos.4 & 5 are their real sisters and they have been given their share at the time of their marriage.

(3.) Appellant/defendant No.3 stated that the lands bearing Khasra Nos.39/5 & 39/6 were purchased by the appellant vide registered sale deeds dated 2.6.2008 and 6.6.2008. The said documents have been filed on record as Exhibits D/1 and D/2. Appellant has averred that the land bearing Khasra No.125/3, 108/1, 108/9 is given by Pannalal to him by way of Will. The said land was self-acquired property of Pannalal but he has failed to file any Will before the Trial Court.