(1.) Being aggrieved by the judgment and decree dated 30.11.91 passed in Civil Suit No.20-A/89 by Additional District Judge, Narsinghpur, the appellants/respondents filed this appeal whereby the suit of the plaintiffs was partly allowed and it was declared that the plaintiffs are entitled to 1/8th share in the disputed property and the plaintiffs are also entitled to take possession after partition.
(2.) The plaintiffs/respondents filed the suit for partition and possession of the immovable and moveable property shown in Annexures C and D and for recovery of the movable property or its value shown in Annexures A and B. According to plaintiffs, the disputed property shown in Annexures C and D belonged to Choudhary Gulzar Singh. His wife Nanhi Bai died during pendency of the suit. The defendant Choudhary Chhatar Singh is son of Choudhary Gulzar Singh and remaining defendants are sons and daughters of defendant No.1. Choudhary Ram Kumar was also son of defendant No.1 and after his death, the plaintiffs are the legal heirs. The disputed property is the property of Hindu Undivided Family and Choudhary Ram Kumar was owner of the property by birth. After his death, the plaintiffs became owner of 1/8th share of the property. The parties of the suit are members of Hindu Undivided Family and since the property belongs to Undivided Family, therefore, the plaintiffs are entitled to get their share after partition. It was also alleged that after the death of Choudhary Ram Kumar, the defendant No.1 took all the ornaments from the plaintiffs. Therefore, a suit for recovery of movable property or its value and partition of other property was filed.
(3.) Several defendants denied the claim of the plaintiffs and stated that there is no dispute with regard to relationship of the parties. The property was partitioned orally. After the death of Choudhary Gulzar Singh, the defendants Choudhary Chhatar Singh and Nanhi Bai became owner of the property.