RAGHUVEER SINGH YADAV Vs. ATAR BAI AND ORS.

JUDGEMENT

(1.) THIS appeal by defendant under Section 100 of CPC is directed against the judgment and decree dated 3/3/2005 passed by Third Additional District Judge, Shivpuri in Civil Appeal No. 3 -A/2005 reversing the judgment and decree dated 22/11/2014 passed by Civil Judge, Class -II, Kolaras, District Shivpuri in Civil Suit No. 140 -A/2004. Plaintiffs' suit for declaration and permanent injunction has been dismissed by trial Court.

(2.) RELEVANT facts necessary for disposal of this appeal are to the effect that plaintiffs are daughters of Late Kalyan Singh and defendant No. 1 is the son of Kalyan Singh. Kalyan Singh has died on 23/12/2001. Suit property; agricultural lands, detailed and described in para 2 -(b) of the appellate order were ancestral properties of Late Shri Kalyan Singh. Plaintiffs filed a suit on 7/10/2003 inter alia contending that consequent upon death of Kalyan Singh, suit properties shall devolve upon his son and daughters in terms of Hindu Succession Act, 1956 and each one shall have 1/3 equal share out of entire suit property. As defendant No. 1 refused to give share of plaintiffs and sold a part of ancestral property ad measuring 1.23 hectare falling in survey No. 1284/2; for a consideration of Rs. 1,23,000/ - to defendant No. 2, under such circumstances, instant suit was filed.

(3.) ON such pleadings, trial Court framed issues namely: -