GANGARAM Vs. SAMPAT RAO

JUDGEMENT

(1.) PARTIES are real brothers.

(2.) SAMPAT Rao (respondent) had filed a civil suit for partition of the house admittedly purchased by his father in village Linga in which he had claimed 1/2 share. The house belonged to the father late Kashiram who had got constructed the same. Gangiya (appellant) claimed that the father Kashiram worked in colliery and has purchased a house Benami in the name of Sampat Rao (respondent ). According to him the father in oral partition had given the suit house to Gangiya (appellant) while the house purchased Benami in name of Sampat Rao (respondent) was allotted to him. He further claimed that Gangiya (appellant) alone had been in possession of the suit house and had spent considerable amount in its reconstruction and repairs etc. According to him Sampat Rao (respondent) who had already got one house in his share could not claim any share in the suit property.

(3.) THE learned Trial Court on appreciation of evidence held that :