OM PRAKASH Vs. LALIT KUMAR

JUDGEMENT

(1.) THIS appeal is filed by the defendants against the judgment and decree dated 23.12.2002 passed by First Additional District Judge, Vidisha in Civil Appeal No. 62-A/2002 whereby the Lower appellate Court affirmed the judgment and decree of the trial Court by which the suit of the respondent-plaintiff was decreed.

(2.) THE respondent-plaintiffs had filed a suit for mandatory injunction on the ground that the father of the plaintiff namely Shri Daulatram Jain and the father of the defendant No. 1, Mitthulal were the real brothers and defendant No. 2 is the son of defendant No. 1. Daulatram Jain father of the plaintiff purchased a suit house from Lado alias Radhbai Wd/o Kundanlal vide registered sale deed dated 4.11.1969 (Ex. P-1) situated in Khari Pathak Road, Vidisha in the name of the plaintiff and his brother Babulal who was minor at that time.

(3.) THE appellants-defendants filed their written statements denied the averments made in the plaint and contended that the suit land was jointly owned by the plaintiff and Babulal and they are joint owners of the suit property. The plaintiff has not impleaded the legal heirs of Babulal and therefore, the suit filed by him was not maintainable.