KARANSINGH Vs. SITARAM

JUDGEMENT

(1.) THIS is the plaintiffs second appeal against the judgment and decree passed by III Additional Judge to the Court of District Judge, Shajapuf in civil appeal No. 13-A 1982 dated 5-7-1989 affirming the judgment and decree passed by Civil Judge, Class-II, Susner in civil suit No. 134-A 1979 dated 10-12-1981 dismissing the suit of the plaintiffs.

(2.) The appeal was admitted vide order dated 9-3-1990 on following substantial questions of law :-

(3.) Plaintiffs filed civil suit mentioning that plaintiffs and defendants No. 3, 4 and 5 are real brothers and defendant No. 1 is their father and defendant No. 6 is the mother of defendant Nos. 1 and 2 and defendant No. 7 is the mother of plaintiffs and defendants No. 3, 4 and 5. It is submitted by the plaintiff that his land area 4.179 hectare situated at village-Papli is the joint family property. Although, it is in the name of defendant No. 1 who is the father. Similarly the respondent No. 2 had half share in an another land of area 5.914 hectare situated in same village mentioned in Para 3 of the plaint and also other lands mentioned in Para 4 area 6.312 hectare and Para 5 area 3.10 hectare and 1.829 hectare. In all these lands the defendant No. 1 had half share of the property. These are the ancestral properties. The plaintiffs and defendants are a member of undivided Hindu family property and hence, they are the owners as coparcener of the property.