HERAM PATEL Vs. PARIKHITA PATEL AND ORS.

JUDGEMENT

(1.) PLAINTIFF is the Appellant against a reversing judgment in a suit for declaration of right, title and interest over the suit land and for confirmation of, possession or alternatively for recovery of possession of Plot Nos. 420/A and 711/A.

(2.) PLAINTIFF is the fourth son of the common ancestor Gandaram and Defendants represent Harekrushna 's branch. Harekrushna 's son Parikhita being Defendant No. 1 and Parikhita 's children being Defendants 2 to 5. Plaintiff alleged that in the year 1928 there had been an amicable partition between the four sons of Gandaram and in the said partition, the suit properties fell to the Plaintiff 's share. Plaintiff was so recorded in 1938 settlement and his other brothers were also similarly recorded in the Record -of -Rights in respect of the lands fallen to their shares. So far as Gharbari is concerned, though it was recorded jointly, yet separate possession was noted. Plaintiff further alleged that in the last settlement parcha had been issued in his favour in respect of the suit land and taking advantage of the fact that Plaintiff is an old man, the Defendants created disturbance in the peaceful possession of the Plaintiff and even constructed a house and dug a manure pit over plot No. 420/A and, therefore, the necessity for filing the present suit arose.

(3.) ON these pleadings, the learned Munsif framed as many as five issues and came to hold that the house with a cow -shed and everything were separate and dealings of the brothers were also separate and in view of admission of d. w. 1 there was no doubt that there was a partition as alleged by the Plaintiff. It was further found that the suit lands were in possession of the Plaintiff till the cause of action arose and though plot No. 711 appertaining to Ghar and Bari lands was recorded in the joint names of both parties, yet evidence disclosed that the Plaintiff was in possession of the suit lands even till now. On these findings, the learned Munsif decreed the suit and Plaintiff 's possession over the suit lands was confirmed.