BARATILAL BAIJNATH Vs. BINDABAI

JUDGEMENT

(1.) THIS first appeal has been filed by the defendant against the decree obtained by the respondent from the Court of Civil Judge 1st Class, Durg, directing that the property in dispute be partitioned between the parties. The appellant and the respondent are respectively referred to in this judgment as defendant and plaintiff.

(2.) THE plaintiff Mst Bindabai is the widow of one Brijlal, who was the brother of the appellant Baratilal. It is not disputed that Brijlal and Barattlal were joint till the former died in 1952.

(3.) THE defendant stated that after the death of his brother Brijial in 1952, the plaintiff collected the Panchas of the village who gave an award in writing allotting 10 acres of land, two houses and some moveables to the plaintiff, but she herself resiled from the award. He pleaded that the plaintiff is not entitled to anything more than what was given to her by the Panchas. He filed his own list of moveables challenging the list filed by the plaintiff as incorrect.