RODILAL Vs. PURILAL AND OTHERS

JUDGEMENT

(1.) The appellant/plaintiff has filed the present second appeal against the judgment and decree dated 21.09.2016 passed in Civil Suit No. 44-A/2014 by Civil Judge, Class-II, Khilchipur, District Rajgarh (Biaora) by which suit has been dismissed and judgment and decree dated 16.12.2016 passed in Civil Appeal No. 34-A/2016 by Second Additional District Judge, Rajgarh (Biaora) by which appeal has also been dismissed.

(2.) The plaintiff filed the suit for declaration of 1/2 share in the suit property, partition and permanent injunction in respect of land Survey Nos.308/2/2, 309, 310/3, 539/1/2, 609/2, 613/2, 684/1, 690 and 693, total area 3.153 hectares. According to the plaintiff the suit property is joint ownership of land of plaintiff and the defendant No. 1 and now the defendant No. 1 is illegally trying to dispose of the suit property, therefore, cause of action accrued in his favour for filing the suit for partition claiming 1/2 share.

(3.) After notice, the defendant No. 1 filed the written-statement by submitting that the plaintiff, defendant No. 1 and Ghisalal are 3 sons of Late Bhanwarlal Dangi. Ghisalal had expired on 02.06.2014 without any issue. Ghisalal executed a Will in favour of defendant No. 3 who is son of defendant No. 1. The plaintiff has wrongly got mutated his name against Ghisalal against which appeal is pending before this Court. The partition has already been taken place in the family and the plaintiff is living separately after taking his share. He had received the land Survey Nos.307/2, 419/2, 420/2, 308/2/1, 611/2, 612/2/1, 684/2 and 692, total 5 area 1.304 hectares from ancestral property. Ghisalal executed a Will dated 27.05.2005 by which he had bequeathed moveable and immoveable properties in the name of Balu i.e. defendant No. 3.