SHIVNARAYAN Vs. LAXMINARAYAN

JUDGEMENT

(1.) IT is a second appeal filed by the plaintiff under section 100 of CP. Code against the judgment and decree, dated 24.1.1984, passed by learned Additional District Judge, Rajgarh, in C.A. No. 2-A of 1983, which in turn arises out of Civil Suit No. 2-A of 1980, decided by Civil Judge, Class II, Biaora, District - Rajgarh, on 28.11.1982. It was admitted for final hearing on following substantial question of law ~

(2.) HEARD Shri S.D. Sanghi, learned senior counsel with Shri Iqbal Ahmed, learned counsel for the appellant and Shri M.G. Upadhyay, learned counsel for the respondent.

(3.) PARTIES to the suit are related. They belong to one family being the legal representatives of one Gopilal. Plaintiff and defendant No. 1 are his (Gopilal) sons, whereas other defendants are his daughters. The dispute relates to agricultural lands. The plaintiff filed a suit out of which this appeal arises on a specific averment that properties specified in plaint was at one time joint family property in which plaintiff as also the defendant No. 1 had a share. He averred that his father Gopilal during his life time in 1973 effected partition of properties so mentioned in the plaint and accordingly, the property mentioned in paragraph No. 8 of the plaint came to plaintiffs share whereas property mentioned in paragraph No. 7 came to the share of defendant No. 1. It is on these specific allegations, in the plaint, the plaintiff claimed a declaration that it be declared that he has become or is the exclusive owner of properties mentioned in paragraph No. 8 of the plaint and defendant be declared exclusive owner of property specified in paragraph No. 7 of the plaint. Intact, this is what is claimed in para 14 (A) of the plaint in relief clause ~