THUTAIYA AND ORS Vs. GOVIN PRASAD AND OTHERS

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 28.8.1997 passed by the Additional District Judge, Panna in Civil Appeal No.57-A/94 affirming and confirming the judgment and decree dated 29.4.1994 passed by the Civil Judge Class-II, Panna in Civil Suit No.146-A/91 by which the suit filed by the respondents/plaintiffs has been decreed, the appellants/defendants have filed this appeal before this Court.

(2.) The brief facts, leading to the filing of the present appeal, are that about 36.498 Hectares of land situated in Patwari Halka No.55 Village Sugraha, Tehsil Gunnaur, District Panna initially stood in the name of one Makkhu, who had three sons Bhagwatdeen, Kalua and Thutaiya. Admittedly, Bhagwatdeen, the eldest son, died issueless. In the year 1988 the respondent/plaintiff Kalua filed a suit alleging that his brother Thutaiya, the present appellant, was trying to take forcible possession of 2/3rd of the land, i.e. 24.330 Hectares by claiming that he had been given the share of Bhagwatdeen in a mutual partition between them whereas no partition had taken place and the land in question stood jointly in the name of the respondent/plaintiff Kalua and the appellant/defendant Thutaiya in which both of them were entitled to 1/2 share. On the strength of the aforesaid assertion the respondents/plaintiffs filed a suit for declaration of title, partition and possession.

(3.) This Second Appeal was admitted by this Court on the following substantial questions of law:-