SOBRAN SINGH Vs. RAJENDRA SINGH @ PATELBABU

JUDGEMENT

(1.) Heard on admission. Instant second appeal is directed against the judgment and decree dated 10th April, 2013 passed by First Additional District Judge, Bhind in Civil Appeal No. 38-A/2012 concurring with the findings of fact recorded by the trial Court in judgment and decree dated 29/03/2012 in civil suit No. 16-A/2009.

(2.) The facts relevant for disposal of this appeal are that original -plaintiff Mahaveer Singh and original defendants No. 1, 2 and 4 are from the same origin and descendants of Late Deshraj, they are Hindu and are governed by Mitakshara Law.

(3.) As per the genealogy as mentioned in para 2 of the plaint, Jwala Singh had three sons namely Tek Singh, Gajipal and Dhurandar Singh who died issue less. Takesingh had one son namely Deshraj, who had three sons namely Mahaveer Singh, Raghveer Singh and Bhagwan Singh. Mahaveer Singh is the plaintiff and defendants Sovran Singh and Ramkumar Singh are sons of Raghuveer Singh. After the death of Deshraj Singh, plaintiff and his brothers acquired 1/3rd right out of the estate left by Deshraj Singh by succession. Description of the suit properties situated and Kapoorpura and village Varhi are as under:--