PURUSOTAM Vs. MUNNI BAI AND OTHERS

JUDGEMENT

(1.) The present second app eal under Section 100 of CPC filed by the plaintiff assails concurrent finding of both the courts below dismissing the suit of the plaintiff/appellant instituted seeking decree for declaring the plaintiff as the Bhumiswami of Survey No. 660,661/2 area 1.933 Hectare and Survey No. 622 area 0.408 Hectare at village Mahagor, Basoda, Distt. Vidisha. The said decree was sought based upon the fact that the said land having been received by the plaintiff in family partition rendered about 32 years back by his father Bundel Singh in his capacity as Karta.

(2.) Learned counsel for the plaintiff and learned counsel for the respondents defendants Nos. 1 to 5 are heard.

(3.) The plaintiff/appellant instituted suit claiming himself to be member of Hindu undivided family, being son of plaintiff No. 2/defendant No. 6 herein and grand son of plaintiff No. 2 Narmadi Bai. The plaintiff further claimed himself to be the nephew (Bhatija) of defendant No. 3 and 4/ respondents No. 1 to 5 herein/LR's of late Bhagwan Singh (defendant No. 3). The plaintiff further claimed to be the brother and also claimed himself to be the nephew of defendant No. 4 Parwat Singh/respondent No. 7 herein. The plaintiff claiming decree for ownership of the said agricultural piece of land was founded upon the fact that about 32 years ago the Karta of the Hindu undivided family Bundel Singh partitioned the said property in a family settlement which resulted into the suit property falling in his share. The plaintiff claimed that the settlement was made in writing. It was further averred in the plaint that on the basis of the settlement, the plaintiff was in peaceful possession and ownership of the suit property which is now being disturbed by the defendants to deny the ownership and possession of the plaintiff over the suit property which the defendants are intended to alienate.