MEGHRAJ Vs. OMPRAKASH PANDE

JUDGEMENT

(1.) THIS is plaintiff's second appeal under section 100 of the Code of Civil Procedure against the judgment of affirmance. Plaintiff filed the suit for transfer of 750 sq.ft. of land by defendants in favour of the plaintiff. Civil Judge, Class -II, Betul, by judgment and decree dated 3.5.1982 passed in Civil Suit No. 12A/1980, dismissed the suit. Plaintiff aggrieved by the same preferred appeal and the District Judge, Betul, by judgment and decree dated 20.12.1988 passed in Civil Appeal No. 7A/1982 dismissed the appeal. Plaintiff aggrieved by the same has preferred this appeal. By order dated 29.8.1989, appeal has been admitted on the following substantial question of law :

(2.) ACCORDING to the plaintiff, land having an area of 300 sq.ft. of Nazul Seat No. 27, Plot No. 11/1 situated at Betul Ganj was recorded in the name of plaintiffs father Nandlal and his brother Laxmichand. Nandlal died in the year 1972 and thereafter on partition, 750 sq.ft. of land fell in share of the plaintiff and equal area fell in share of his brother Mahendra Kumar. His brother Mahendra Kumar proposed to sell his share of land in favour of defendant No. 1 and on ascertaining the same, the plaintiff gave him notice that the property being ancestral property, he was prepared to purchase the same on consideration of Rs. 5000/ -.

(3.) DEFENDANT No. 1 in his written statement has stated that 750 sq.ft. of land was recorded in the name of defendant No. 2 and he has executed the sale deed in his favour. His stand further is that plot in question is not an ancestral property as according to the plaintiff himself, partition of the property had already taken place.