BHAGONI SINGH Vs. GHASITIBAI

JUDGEMENT

(1.) THIS second appeal is directed against judgment and decree dated 12 -12 -94 passed by III Addl. Distt. Judge, Vidisha in Civil Appeal No. 250 -A/91 (old No. 9 -A/88) whereby the judgment and decree of civil judge, Class I, Kurwai Distt. Vidisha in Civil Suit No. 288 -A/84, decided on 23 -12 -87 was partly decreed and it was dismissed in respect of specified survey numbers mentioned in 'amended schedule A' filed with the written statement which was jointly filed by Ghasitibai and Ramprasad respondents 1 and 2. The finding of the two Courts below was that out of the suit land these specified Khasra Nos. 191, 318, 319, 320, 157, 136, 536, 538, 543, 482 and 607 had been given to the defendant Ramprasad by the common ancestor, Govindi, who was grandfather of Ramprasad. Grandfather is referred to as 'Aaja' in this part of the country.

(2.) THE undisputed geneology of parties is as under : - <FRM>JUDGEMENT_143_TLMPH0_1999.htm</FRM>

(3.) THE defendants plea was only this much that khasra numbers specifically mentioned above in 'amended schedule A' had been given to Ramprasad by Govindi and the rest of the land was joint. It was not in dispute at the trial that the entire land descended from Govindi. The defendants plea was that when Ramprasad was of 10 years age, Govindi had given this land to Ramprasad under the guardianship of Sukhlal.