SUNDERLAL CHOURASIYA Vs. TEJILA CHOURASIYA

JUDGEMENT

(1.) This appeal has been filed by plaintiff against the judgment and decree dated 22-4-1996 passed in Civil Suit No. 5-A/95 by First Additional District Judge, Seoni.

(2.) The suit of plaintiff is for declaration that he is having share in the suit house and defendants No. 2 to 8 have no right, title or interest therein; the plaintiff further prayed that he is entitled for partition, separate possession and compensation for use of the suit property by defendants 2 to 8. The family tree of plaintiff and defendants is as under :

(3.) The suit house is constructed on plot No. 95/2 and Plot No. 96/3, a map thereof (Contd. on Col 2) is annexed to the plaint. On the ground-floor of this house defendants 2 to 8 are residing, on first floor the plaintiff and on the second floor defendant No. 1 resides. Kapoor Chand Chaurasiya purchased this house from one Babulal Lakhera on 19-11-1951. Kapoor Chand died issueless on 11-4-1988. Plaintiff Sunderlal and defendant No. 1 Tejilal are the nephews of Kapoor Chand. his third nephew was Chhiddilal who had since died. Defendants No.2, 3, 5 to 8 are the sons and daughters of chhiddilal and defendant No.4 is his widow. One Hukum Chand was the elder brother of Kapoor Chand who died in the year 1956-57. Chhiddilal is son of Hukum Chand. Mool Chand was younger brother of Kapoor Chand who died in the year 1934 whose sons are plaintiff Sunder Lal and defendant No. 1 Teji Lal. Name of wife of Kapoor Chand is Smt. Budhha Bai who died on 21-12-1981. Earlier to the death of Kapoor Chand, on 9-11-1987 Chhiddilal died. All these facts are undisputed. Similarly it is also not disputed that on 5-9-1980 late Kapoor Chand executed a Will which was registered on 6-9-1980.