SHRINIWAS Vs. NEELKANTH AND OTHERS

JUDGEMENT

(1.) By this first appeal under section 96 of the CPC, the plaintiff has challenged the judgment dated 28.2.2000 dismissing the C.S. No. 39-A/1997 by the Court of Additional District Judge, Sonkatch, District Dewas.

(2.) Undisputedly the suit properties were ancestral properties. Appellant and respondent No. 1 are real brothers and original defendant No. 3 Sharda Devi (her LRs are respondent No. 3) was their sister.

(3.) The appellant had filed suit for partition and possession with the plea that the suit properties are jointly recorded in the name of the appellant, respondents No. 1 and 2, from which the respondent No. 2 has 1 Bigah land since time of ancestors, therefore, after deducting it, the ancestral property of the appellant and the respondent No. 1 is 3.794 hectare, in which the appellant has right over 1.797 hectare. It was further pleaded that the respondent No. 1 has sold part of the joint property to respondent No. 2 admeasuring 1.32 hectare, therefore, from the existing land the appellant is entitled to receive 1.87 hectare. it was also pleaded that there was an ancestral house in which the appellant had half share and the appellant was in possession thereof till 1994, but thereafter the respondent No. 2 has taken its forcible possession, hence the appellant had claimed partition of the suit land and his share of 1.87 hectare of land and decree of possession of half share in the house, as also mesne profit till the receipt of possession.