SHIVRATAN SINGH Vs. DHARMENDRA SINGH YADAV

JUDGEMENT

(1.) THIS judgment shall govern disposal of F.A. No. 90/2005 and 090/2005 as both these appeals are directed against the common judgment and decree dated 29/11/2004 passed by learned 9th Additional District Judge (Fast Track Court), Gwalior in Civil Suit No. 9 -A/2003. First Appeal No. 90/2005 is directed by original plaintiff; whereas, First Appeal No. 96/2005 is filed by defendants No. 2,3 and 4.

(2.) FACTS necessary for disposal of this appeal are to the effect that plaintiff -Shivratan Singh filed a suit for declaration and permanent injunction inter alia contending that the suit properties (agricultural lands) as mentioned in para 1 of the impugned judgment situated at village Sirol, Pargana and District Gwalior are ancestral properties and after the death of father Harnam Singh, same shall devolve upon his three sons namely Shivratan (plaintiff), Dayashankar (defendant No. 3) and Ramcharan (defendant No. 4) and widow of Harnamsingh namely Kosabai shall have only 1/6 share of 1/4 share of Late Harnamsingh as per the Hindu Laws. Therefore, sale deed dated 14/7/1997 allegedly executed by the widow of Harnam Sigh in favour of defendant No. 2 Dharmendra Singh, who is son of one of brothers, Ramcharan (defendant No. 4) to the extent of 1/4 of the total properties is bad in law and therefore, be declared as null and void and for permanent injunction.

(3.) DEFENDANTS filed written statement denying the plaint allegations.