LACHHOBAI Vs. GUDDOBAI

JUDGEMENT

(1.) THIS appeal is filed by the defendant challenging the judgment and decree dated 30.11.2000 passed by the 9th Additional District Judge, Gwalior in Civil Suit No. 55-A of 1997 whereby the Court below has decreed the suit filed by the respondent plaintiff.

(2.) RESPONDENT plaintiff has filed the present suit alleging that the house No. 38/1795 situated in Vansal Wali Gali, Lashkar, Gwalior. was initially owned by one Bansi Kushwah. Bansi Kushwah died prior to 1956, i.e., before coming into force of Hindu Succession Act. 1956 and he was survived by his son Darua, Chote Singh son of Darua was also alive at the time of death of Bansi Kushwah.

(3.) DARUA died during the pendency of litigation. By the present suit the plaintiff has alleged that as Chote Singh had 1/2 share in the suit property being coparcener with Darua. Darua has no right to alienate his 1/2 share. The trial Court decreed the suit hence this appeal.