LAWS(ORI)-1989-11-9

HATA BARIK Vs. RAGHUNATH HARICHANDAN

Decided On November 07, 1989
HATA BARIK Appellant
V/S
RAGHUNATH HARICHANDAN Respondents

JUDGEMENT

(1.) Plaintiff has preferred the appeal and legal representative of deceased defendant No. 1 as respondents have preferred a cross-objection assailing the appellate decree in this Second Appeal.

(2.) Plaintiff and defendants Nos. 2 to 7 are barbers by caste belonging to the same family as per the following genealogy:- Defendant No. 1 is a Khandayat by caste and has purchased 'A' and 'B' Schedule properties of the plaint from defendants Nos. 2 to 4 by a registered sale deed dated 16-4-1973 (Ext. `K').

(3.) Admittedly, `A' Schedule property is 80 decimals of homestead in Plot No. 48 recorded as Grama Savak Mina and `B' Schedule property is 309 decimals of agricultural rayati land in Plot No. 1148 jointly recorded in names of Nata and Hata with note of possession of Nata. 57 decimals of homestead in `A' schedule on western side and half of plot No. 1148 on its Southern side has been purchased by defendant No. 1 from defendants Nos. 2 to 4 as per Ext. 'K'.