KULWANT RAI Vs. SATISH KUMAR

JUDGEMENT

(1.) Plaintiff is in second appeal.

(2.) For convenience, the parties hereinafter are referred to by their original position in the suit i.e. the appellant as the plaintiff and respondents No.1 to 6 as defendants No.2 to 7.

(3.) Plaintiff filed suit for declaration claiming that he is owner in possession of the house described in the headnote of the plaint shown as ABCD and in the alternate the entire building is a joint Hindu family and co-pacenary property and the plaintiff is entitled to 1/2 share in the same. Further prayer is that sale deed dtd. 16/8/1985 executed by Goinda Mal in favour of defendant-Satish Kumar @ Mithu be declared as null and void. As per the case pleaded by plaintiff, he along with his father defendant No.l constitute a joint Hindu family. They were joint in mess and residence and constituted joint Hindu family. They separated their residence and mess few years back but the property remained joint. The property shown as ABEF in the site plan is ancestral and joint Hindu family property of the plaintiff and defendants No. 1 and 2. The same was partitioned by defendant No. 1 in the year 1982. Both plaintiff and defendant No.2 were put in possession of their respective shares of suit property. The property was partitioned in the presence of Bhagwant Rai, who is a close relative (brother-in-law of Goinda Mal). Goinda Mal owned two properties i.e. the property in dispute and some land at Jaitu. The land at Jaitu was sold by deceased Goinda Mal. He kept the sale proceeds with him. The suit property was partitioned amongst the plaintiff and defendant No.2.