UTTAM Vs. SAUBHAG SINGH

JUDGEMENT

(1.) This appeal under Section 100 of CPC is at the instance of the plaintiff in the suit challenging the reversal judgment of the first appellate court dated 12th January 2005 allowing the respondent's civil appeal No. 2-A/2001 and dismissing the appellant's suit. The trial court by judgment dated 20/12/2000 had decreed CS No. 5-A/1999.

(2.) The relationship between the parties is not in dispute. Respondents no. 1 to 4 are four sons of Jagannath who was the original owners of the suit property. Appellant is the son of respondent No. 3 Mohan Singh from his wife Indirabai.

(3.) Appellant had filed suit for partition and possession pleading that the suit property is the joint family property originally owned by late Jagannath and which has not been partitioned between appellant and respondents No. 1 to 4. It was further pleaded that respondent No.3 Mohan Singh is married to Indirabai from whom the appellant was born. Respondent No. 3 had developed relations with another lady Madhu and had married to her and had thrown out Indirabai from his house and since then Indirabai is living with her father. It was further pleaded that since the suit property is ancestral property, therefore, the appellant was entitled to get it partitioned and receive his share.