BHAGWATI PRASAD Vs. CHANDRABHANU

JUDGEMENT

(1.) THIS plaintiff's appeal under Section 96 C. P. C. is directed against the judgment and decree dated 27-8-84 passed by the Court of Additional Judge to the Court of District Judge, Chhatarpur, whereby the suit filed by the appellant for declaration that the sale-deed dated 20-5-83 executed by the respondents No. 1 and 2 in favour of respondent No. 3 for the land in dispute, alienated in the man annexed to the plaint, vide letters A-B-C-D, is not binding on the plaintiff and the same be declared void and the plaintiff alongwith respondents No. 1 and No. 2 be declared as owners thereof, has been dismissed.

(2.) THE short facts leading to this appeal are as under : Pandit Rajaram Sharma had three sons, viz. , Kalicharan, Durgaprased and Bhagwati Prasad. Chandra Bhanu, respondent No. 1 is the son of Kalicharan. The house in question situate in Chhatarpur, is ancestral property belonging to their common ancestor Atal Pujari and after his death Pandit Rajaram became the owner of the suit house. He died in the year 1967. After his death all his three sons, stated above, succeeded him. Kalicharan, father of Chandra Bhanu died in the year 1969. This ancestral house and the appurtenant land ad-measuring 55'x 9', after the death of Kalicharan was sold by his son Chandra Bhanu and uncle Durgaprasad and they executed a sale-deed in favour of respondent No. 3 Mohandas Sindhi for an amount of Rs. 38. 000/ -.

(3.) THE said sale-deed has been challenged by Bhagwati Prasad, the appellant, on the ground inter alia that no partition has taken place between the parties either during the life time of Pandit Rajaram who died in the year 1967 or after the death of Kalicharan who died in the year 1969 and this an cestral house and its appurtenant land remained joint property of Bhagwati Prasad, plaintiff, respondent No. 1 Chandra Bhanu and respondent No. 2 Durgaprased (since dead and his legal representatives are on record ). Therefore, the appellant Bhagwati Prasad pleaded that the said sale-deed of the suit house and appurtenant land is not binding on him and he be declared joint owner alongwith the respondents No. 1 and 2.