MAHILA BETI BAI Vs. JAGDISH SINGH AND OTHERS

JUDGEMENT

(1.) This second appeal under Section 100 of the Code of Civil Procedure has been filed by the plaintiff/appellant being aggrieved by the judgment and decree dt.12.12.2002 passed in Civil appeal No.20A/2001 Jagdish Singh and others Vs. Mahila Beti Bai & others by the Court of Additional District Judge Gohad, District Bhind, reversing the judgment and decree dt.17.05.2001 passed in Civil Suit No.59/2000 Mahila Beti Bai Vs. Mahila Goura Bai by the Court of Civil Judge ClassI, Gohad.

(2.) Brief facts leading to the present appeal are that the head of the family was Aparbal Singh, father of the plaintiff. He had two wives, first wife is mother of the plaintiff. During the lifetime of Aparbal Singh, mother of the plaintiff had died and therefore Aparbal Singh had married Mahila Goura Bai and from her there was a son Gabbar Singh, who happened to be the step brother of the plaintiff.

(3.) When the founder of the family Aparbal Singh died, the property of Aparbal Singh came in the name of three persons namely; plaintiff, defendant Goura Bai an her son Gabbar Singh. Thereafter Gabbar Singh died while he was a minor and on death of Gabbar Singh, Goura Bai sold the property vide sale deed dt.06.08.1986 in favour of defendants No.2 and 3.