RAJENDRA SINGH Vs. DRAUPADI DEVI

JUDGEMENT

(1.) A partition suit was filed by the son and the daughter against, the step mother and step sisters as well as the grand father. During the pendency of the suit, the grand father died. It is the grand father, who is alleged to have sold a part of the joint family property and gifted another part of it. It is being contended that the part which was gifted formed part of Schedule I properties, which admittedly was joint family properties, and accordingly that gift Could not be interfered with.

(2.) In the plaint it was contended that the Schedule II properties though stand in the name of the step mother but those properties are joint family properties inasmuch as those properties were purchased from the funds of the joint family and that the same were purchased in the name of the step mother to save those properties from the ceiling proceedings.

(3.) Contentions, as were raised by the plaintiffs, were accepted in toto by the learned trial Judge, but the learned single Judge of this Court, in appeal, totally reversed the findings of the trial Judge.