RAJENDRA Vs. SHANKAR

JUDGEMENT

(1.) Heard on the question of admission.

(2.) By this second appeal under Section 100 of the CPC, defendant No.1 in the suit has challenged the concurrent judgment of the two courts below. Trial Court by the judgment dated 18.10.2011 had decreed the suit filed by the respondent No.1 (plaintiff) and the first appellate court by the judgment dated 20.12.2017 by dismissing the appeal, has affirmed the judgment of the trial Court.

(3.) The respondent No.1 had filed the suit for declaration, partition and possession with the plea that the suit property originally belong to Gyarsilal whose son was Bhanvarlal and wife was Gendibai. The original plaintiff and the defendants No.4 Rajendra and Sunil are sons of Bhanvarlal and defendant No.3 Leelabai was the widow of Bhanvarlal, whereas the defendant No.2 Pushpabai was wife of Bajrang. It was pleaded that at the time of death of Gyarsilal, Bhanvarlal was minor, therefore, Gendibai being mother of Bhanvarlal had got the suit property mutated in her name, though she was not the sole owner thereof. It was further pleaded that in 1990 Gendibai had executed an agreement in favour of Bhanvarlal and Bhanvarlal had died on 5.6.1994 and Gendibai had died on 1.12.1997. After the death of Bhanvarlal and Gendibai, plaintiff as well as all the four defendants have equal share in the suit property, hence the respondent No.1(plaintiff) had claimed 1/5th share.