PREM NARAYAN (DEAD) Vs. DEEPAK KUMAR & ORS

JUDGEMENT

(1.) This second appeal has been filed by defendant No.1/appellant being aggrieved by judgment and decree dated 9.3.2006 passed by the Court of 7th Additional District Judge, Gwalior, in Regular Civil Appeal No.36-A/2005 reversing the judgment and decree dated 23.9.2005 passed in Civil Suit No.52-A/1998 by the Court of 6th Civil Judge, Class I, Gwalior.

(2.) Brief facts leading to the present appeal are that plaintiffs had filed a suit for declaration of title and injunction claiming that they have 2/3rd share in the suit property which is the ancestral property and present appellant/defendant had wrongly appropriated the said property in his favour. Relief was also sought for permanent injunction to restrain the defendants from interfering in the peaceful possession of the suit property in the hands of the plaintiffs.

(3.) Suit was filed to the effect that house No.365 at Naya Santar, Morar Distt. Gwalior, is ancestral property which was purchased by grand father of the plaintiffs and defendant No.1 Chandrabhan vide sale-deed dated 14.2.1920 from Gokul Prasad. After death of Chandrabhan who was the original purchaser of the suit property, father of the plaintiffs and father of defendant No.1 became owner of the suit property. On 25.1.1973 some money was required for marriage of son of defendant Premnarayan, namely Ashok Kumar, as a result said house was mortgaged in favour of Seth Jagdish Prasad and in the year 1975 after paying the loan amount, mortgage was redeemed, but defendant No.1 -Premnarayan instead of redeeming the mortgage in favour of all the legal heirs of Chandrabhan, got executed the deed in favour of self and late mother of the plaintiffs, namely Panchobai. Defendant No.2 is the widow of brother of defendant No.1 and now canvassing the suit property as property of their HUF, they are trying to oust the plaintiffs and sell the suit property.