CHHOTELAL BABULAL Vs. PREMLAL GIRDHARILAL

JUDGEMENT

(1.) THE plaintiffs Chhotelal and Bhuresingh (brothers) have preferred this appeal from the judgment and decree by the Fourth Additional district Judge, Jabalpur, dated 16th February 1970 whereby the plaintiffs' suit for partition and possession of the house in question bearing No. 1130/2, gorakhpur, Jabalpur, was dismissed.

(2.) THE following pedigree of the parties may be helpful in understanding the facts of the case:<img>C:\program Files\regentdatatech\image\np_562_mplj_1976.jpg</img>

(3.) THE plaintiffs' case is that Babulal and Girdharilal jointly acquired the house in question out of the sale proceeds of an ancestral house. Babulal, it is admitted, started living separately from Girdharilal sometime after the year 1932. It is further not in dispute now that plaintiff No. 1 Chhotelal left the house in question sometime in 1943-44. It is alleged that in 1950 Girdharilal sold a portion of the house in question, marked by Letters Q R S T in the map annexed to the plaint, to defendant No. 3 Gorelal who in his turn raised construction on it. Again, on 11-12-1961, Premlal (defendant No. 1) sold another portion of the suit house along with land marked A B C D on the map to Smt. Vidyawati, defendant No. 2, who is admittedly in possession of that portion. Two more persons were impleaded as defendants in the case on the ground that one of them is a tenant in a portion of the house and pays rent to defendant premlal and an agreement to sell another portion of the house has been entered into with the other.