BABU LAL Vs. RAMKALI BAI

JUDGEMENT

(1.) This is defendants' second appeal having lost from learned two Courts below. A suit for partition of agricultural land, the description whereof has been mentioned in the plaint and which is the suit property, has been filed by the plaintiff praying that she is having 1/3rd share in the suit property and it be delivered to her by effecting partition and accordingly a separate possession of that share be also provided to her. According to the plaintiff, the suit property was owned by Manghat whose son is Jalam (first defendant). After the death of Manghat, first defendant Jalam became the owner of the suit property and because plaintiff Ramkali is the daughter of deceased Chhattu who was the son of Jalam and who died during the lifetime of his father Jalam, she is deriving title from Chhattu and is praying that since in the entire suit property she is having 1/3rd share, the property of HUF be devolved and possession of 1/3rd share be given to her. The family tree which has been mentioned in para-1 of the plaint is as under :--

(2.) The first defendant Jalam before his death filed written-statement along with other defendants and denied the plaint averments. According to the defendants, the suit property is the self-acquired property of first defendant Jalam. During the pendency of the suit Jalam had died and his L.Rs were brought on record.

(3.) Learned trial Court framed necessary issues and after recording the evidence of the parties decreed the suit of plaintiff holding that she is entitled to 1/4th share in the suit property and is also entitled for partition and separate possession.