JAI BHAGWAN Vs. SAROJ DEVI

JUDGEMENT

(1.) THIS is defendant's appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity, 'the Code') challenging concurrent findings of facts recorded by both the Courts below. It has been held that the plaintiff-respondents are co-owners in possession of 1/5th share of the suit property and they are also entitled to get their share separated by way of partition. It has further been held that the family settled dated 29.6.1989 is illegal and void document and the defendant-appellant cannot be considered as exclusive owner.

(2.) BRIEF facts of the case which have led to the filing of the instant appeal are that on 24.3.1981 the defendant-appellant along with defendant-respondents 3 to 5 and one Ram Kumar (husband of plaintiff-respondent 1 and father of plaintiff-respondent 2) purchased 180.8 square yards of land in equal shares i.e. 1/5th share each. Thereafter, they jointly raised construction of a shop and a flat on it. In the year 1988 Ram Kumar died. Plaintiff-respondent 1 Saroj Rani and plaintiff-respondent 2 Puja are the wife and daughter of deceased Ram Kumar. After the death of Ram Kumar plaintiff-respondents 1 and 2 being the sole successors of Ram Kumar claimed 1/5th share. Therefore, they filed a suit for declaration to the effect that they are owners in possession of 1/5th share and also prayed for possession of their share by effecting partition of the joint property.

(3.) THE Appellate Court also upheld the findings that the property was self acquired property in the hands of Ram Kumar the husband and father of plaintiff-respondents 1 and 2 respectively. It has further been held that the total sale consideration of Rs. 42,500/- was paid on 24.3.1981 by them. With regard to family settlement dated 29.6.1989 propounded by the defendant- appellant, the Appellate Court reached the conclusion that the same was the result of fraud and misrepresentation and observed as under :-