UMA BAI Vs. GAJRAJ SINGH

JUDGEMENT

(1.) THE instant appeal is directed against the concurrent judgment and decree of the first appellate Court dated 15.9.2011 passed by District Judge, Vidisha in Civil Appeal No.59 -A/2010 confirming the judgment and decree dated 1.10.2010 passed by Civil Judge, Class -I, Kurwai, District Vidisha in Civil Suit No. 33 -A/2009.

(2.) FACTS necessary for disposal of this appeal as per plaint allegations are that plaintiff No. 1 -Gajraj Singh is father of plaintiffs No. 2 to 5. Defendant No. 1 is son of pre -deceased daughter of plaintiff No. 1 and defendant No.2 is a purchaser of the suit land from defendant No. 1.

(3.) DEFENDANTS No. land 2 filed written statement and contended that the suit land is a property of Joint Hindu Family of which plaintiff No. 1 was Karta, along with plaintiffs No.2 to 5, his predeceased mother was also having a share in the suit land falling to the share of Gajraj Singh. He being the heir of his pre -deceased mother -Kamlesh Bai, has right to transfer 2.130 hectare land in favour of defendant No.2 by registered sale deed. The defendants also contended that the suit was under valued and therefore, Court lacked pecuniary jurisdiction.