CHARANLAL Vs. GULAB

JUDGEMENT

(1.) Appellant/original plaintiff has filed this Second Appeal under Section 100 of the CPC against the judgment and decree dated 21.9.2013 passed in Civil Appeal No.68-A/2013 by the Fourth Additional District Judge, Chhindwara, whereby the judgment and decree passed on 7.1.2009 in Civil Suit No.45-A/2006 dismissing the suit filed by the appellant for declaration of his share in disputed agricultural lands, partition and mesne profit has been affirmed.

(2.) Admittedly, appellant Charanlal and his brothers Mehtu, Ram Prasad, Mehtab and Ajab are sons of Nanhu. Mehtu, Mehtab and Ajab had expired. The respondents No.1 and 2 are L.Rs. of Mehtu, respondents No.3 to 5 are L.Rs. of Mehtab and the respondents No.7 to 9 are L.Rs. of Ajab. It is also not disputed that agricultural lands of village Kundalikala of Tehsil Parasia, District Chhindwara bearing Survey No.113/5 area 0.567 hectares and Survey No.114/4 area 0.061 hectare, total area 0.628 hectare had been previously sold by the appellant to purchaser Ammobai.

(3.) The appellant Charanlal filed a suit before the trial Court on the pleadings that his father late Nanhu and late Bhoora were the cousin brothers, who were co-owners of agricultural lands bearing Survey no.77, 112/8, 112/10, 112/11, 79, 80, 81 and 86, whose total area was 28.45 acres of vilalge Kundalikala, in which each of them was having equal share. On 17.4.1953, appellant Charanlal with his brother Mehtab, Ram Prasad and Ajab purchased from above mentioned Bhoora, his half share i.e. 14 acres 22.5 decimals in total lands 28.45 acres and got possession of it, thereafter lands were undivided. On 5.6.1961, Nanhu, Mehtu, Mehtab, Ram Prasad and Ajab sold 2.65 acres land from Survey No.81 and 86 to Gobareya and delivered possession. Thereafter remaining 25.80 acres disputed land of suit is undivided property of appellant and the respondents No.1 to 9. Nanhu had sold 2.65 acres land from his share of 14.22 acres, thus share of Nanhu was only 11.57 acres, in which each of the appellant and his four other brothers is having 1/5th share. Similarly in the land purchased on 17.4.1953, each of the appellant and his three purchaser brothers is having 1/4th share. Thus the appellant's total share was 5.87 acres, from which after deducting the 1.52 acres sold by the appellant to Ammobai, the appellant is having share of 4.35 acres in disputed land.