JAGDISH CHANDRA Vs. CHANDRAKANT

JUDGEMENT

(1.) This appeal under Sec. 100 of the CPC has been preferred by the plaintiff being aggrieved by the judgment and decree dtd. 7/9/2022 passed in Civil Appeal No.48/2019 by the Ist District Judge, Khargone, District Mandleshwar arising out of the judgment and decree dtd. 21/10/2019 passed in Civil Suit No.26-A/2017 by the IIIrd Civil Judge, Class-I, Khargone (East Nimar).

(2.) The following genealogical tree shows relationship between the parties:-

(3.) As per the plaintiff, the joint family of the parties held considerable joint family property situated at various villages. On 15/5/1996, an oral partition of the same was effected between them in which they were allotted different properties by way of their share. On 30/5/1996 a partition deed in terms of the oral partition was also executed between the parties. In the deed, it had been stipulated that the properties being allotted to Smt. Rampyari Bai would devolve upon the person who shall look after her during her lifetime. The plaintiff did so and also performed her last rites hence succeeded to the property allotted to her share. Upon death of Smt. Rampyari Bai, plaintiff and defendants are jointly recorded over her property in the revenue records but recording of defendants over the same is without any right or authority and he deserves to be recorded over the same exclusively. He requested the defendants for the same but defendant No.1 has denied his title to the said property.