AWADH KISHORE Vs. BRAJBHOOSHAN PRASAD TIWARI

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This appeal is by the plaintiffs who have lost in both the Courts. Facts giving rise to filing of the appeal, briefly stated, are that the plaintiffs filed the suit on the ground that the suit lands as well as the land bearing Khasra No.689 were purchased from the income of the joint family. The joint family also owned ancestral house. The properties held by the joint family were never subjected to partition and were recorded in the name of deceased defendant-Brij Bushan. The land bearing Khasra No.689 was sold by the defendant-Brij Bushan during his lifetime and on the suit land bearing Khasrsa No.576/2 the plaintiff No.1 is in cultivating possession. However, the deceased defendant sold the same to defendants No.2 & 3 vide registered sale deed dated 29.3.1996 for a consideration of Rs.35,000/-. Accordingly, the plaintiffs filed the suit seeking the relief of declaration of title and permanent injunction.

(3.) The defendants No.2 & 3 filed written statement in which, inter alia, it was pleaded that the partition had taken place between the father of the plaintiff No.1 as well as deceased-defendant Brij Bhushan. It was further pleaded that the land bearing Khasra No.576/2 was the self acquired property of deceased defendant Brij Bhushan and, therefore, he had the authority to alienate the same.