GOPALU Vs. DEVI CHAND

JUDGEMENT

(1.) This second appeal has been filed by the plaintiff. Suit filed by him was partly decreed in his favour in respect of 57 Bighas 8 Biswas of land of which he was held to be the exclusive owner. Suit in respect of the other land claimed by him was ordered to be dismissed. The plaintiff felt agitated against the decree in respect of tie refusal to grant him the entire relief and he filed appeal before the learned first appellate Court. The defendants also filed cross -objections. The appeal as well as the cross -objections have been disposed of by a common judgment whereby the suit of the plaintiff has been ordered lo be dismissed in its entirety. Parties, herein -after in this judgment, shall be referred to as plaintiff and defendants. 2, One Attru had three sons, Ram Charan, Rama and Govind. Ram Charan had two sons, Goplau and Devi Chand. Suit, out of which the present appeal has arisen, was filed by Gopalu, plaintiff, impleading his father Ram Charan as defendant No. 1 and his real brother Devi Chand as defendant No.2. Defendants No.3,4,5 and 6 are sons of Devi Chand, defendant No.2. Rama has been impleaded as defendant No.8 and Govind as defendant No.9.

(2.) The plaintiff sought a declaration to the effect that the land measuring has 3 Biswas entered in Khatauni No.6, Khata No.9 was held by Ram n, his father and by his two uncles, Rama and Govind in equal shares. This land is said to be ancestral. Plaintiff claims share to the extent indicate in the plaint in this property.

(3.) Suit has also been filed in respect of the property wherein the plaintiff has alleged that he along with his father and other brother constituted a join Hindu family of which his father was the KARTA and in that capacity he had acquired ownership in respect of 98 Bighas 8 Biswas of land by purchase am the amount was paid out of the joint family earnings consisting of himself and the two sons, that is, the plaintiff and his brother.