GOVINDA Vs. KANHAI

JUDGEMENT

(1.) THIS is a plaintiff's second appeal against the judgment and decree dated 20 -11 -1959 passed by the First Addl. District Judge Gwalior, whereby he confirmed the decree dated 19 -12 -1958 passed by the Civil Judge II Class Gwalior in Civil Suit No. 62 of 1957.

(2.) THE suit out of which this appeal arises was based on the following allegations: The plaintiff Govinda and the defendant Kanhai are both sons of Dine (since deceased). Dine purchased from Balle s/o Mathuraprasad an anna share in khewat No. 21 situate at village Tatarpur along with 'khudkasht' land appurtenent thereto. Dine also owned khewat No. 4 in which the plaintiff had duly received his one -half share. The plaintiff claimed a declaration that he is entitled to receive his one -half share in the lands in dispute which were appurtenent to khewat No. 21 and which stood in his father's name. The plaintiff also claimed possession of his one -half share in the said lands.

(3.) THE trial Court held that khewat No. 21 along with its 'khudkasht' was purchased in the name of Dine with the defendant's money and that he had since that date of its purchase been in possession of those lands. It, therefore, held that the plaintiff was not entitled to claim a share in the suit lands. The trial Court, therefore, dismissed the plaintiff's suit.