MANGILAL Vs. SALIGRAM

JUDGEMENT

(1.) FEELING aggrieved by the judgment and decree passed by learned Additional District Judge, Rajgarh, Camp at Biaora, in Civil Appeal No.5A/94 dated 12.10.1996 dismissing the suit, the plaintiff has come up in this second appeal

(2.) IN brief, the case of plaintiff is that defendant No.2 Ramnarayan is his real brother and defendant No.1 Saligram is his father as well as of defendant No.2. The agricultural land, description whereof has been given in para 2 of the plaint, is the disputed property in the present case. According to the plaintiff, the suit land is his ancestral land. Defendant No. I Saligram, who is father of plaintiff and defendant No.2, were four brothers. The common ancestor was one deceased Bhonji and after his death, partition took place between defendant No. 1 and his brothers and the suit land fell in the share of defendant No. 1. At the time of partition defendants 1 and 2 were residing jointly. The suit property is of Joint Hindu Family property of plaintiff and defendants 1 and 2. It is the further case of plaintiff that defendant No. 1 is having two sons and three daughters. Since defendant No.1 is the Karta of the Joint Hindu Family, hence his name was mutated in the revenue record and is continuing as such. According to plaintiff, he is having 1/3rd share in the suit property. The further case of plaintiff is that when he was minor and was having age in between 1 -1/2 - 2 years, his mother Jankibai was maltreated by his father (defendant No 1) and she was asked to go away from the house. The plaintiff has been brought up by his mother. Defendant No.1 who is his father, did not discharge his duty as father and did not marry him. The plaintiff got married through his own earnings

(3.) DURING pendency of suit, plaintiff also brought Badamibai, Dhapubai and Ayodhyabai who are the daughters of defendant No.l Saligram and his sisters as parties, by way of amendment, as defendants 4, 5 and 6. These defendants did not file any written statement, however, defendants 1 and 2 namely Saligram and Ramnarayan filed a joint written statement