PRABHAWATI DEVI Vs. RATANLAL JAIN

JUDGEMENT

(1.) DANULAL Jain of Mohalla Ramna. Gaya, died leaving behind his widow Gulab Devi and three sons, namely, Madanlal Jain, Ratanlal Jain and Phulchand Jain. Prabhawati Devi is the wife of Madanlal Jain.

(2.) ON 7th October, 1982, Ratanlal Jain and Phulchand Jain filed Partition Suit No. 7 of 1982 in the Court of first Subordinate Judge, Gaya, against their brother, Madanlal Jain and his wife, Prabhawati Devi as defendants for declaring the suit holding, detailed in Schedule 1 to the plaint to be a joint family property and the sale deed dated 28.10.1970 executed by Gulab Devi in favour of prabhawati Devi, the defendant No. 2 was void abinitio, illegal, fraudulant and not binding on them. They also asked for a preliminary decree for partition to the extent of their 2/3rd share in the suit holding.

(3.) EARLIER to the aforesaid partition, on 26.6.1945 Danulal Jain entered into a contract for purchase of the suit house for Rs. 10,500/ and the owner of the house, Shah Md. Akhtar Hussain executed an agreement for sale in the name of his wife, Gulab Devi, on receipt of Rs. 2500/ in advance. The said earnest money was paid from out of the joint family fund.