VASUDEV MANGAL Vs. ANAR DEVI (DIED)

JUDGEMENT

(1.) The petitioner, Vasudev Mangal, has challenged the order dated 13.3.2014 passed by the Additional Civil Judge (S.D.), Beawar, whereby the learned Magistrate has dismissed an application filed by the petitioner under Section 10 CPC.

(2.) The brief facts of the case are that in the year 1920, the petitioner's father, Babulal and his brother, Chiranji Lal were tenants in a house bearing Old Municipal No. 1/220 and New Municipal No. 19 situated in Old Cinema Gali, Mohalla Gopal Ji, Beawar. Initially, in 1954, the landlord of the said premises filed a suit for eviction and for recovery of rent against the petitioner's father and uncle. However, unable to evict the tenants, the landlord and the petitioner's father and uncle entered into a compromise. On the basis of the said compromise, the suit was dismissed on 18.12.1961.

(3.) Allegedly on 18.12.1961, the petitioner's father bought the southern half portion of the said property, while his uncle Chiranji Lal bought the northern half of the property. But, since a gentleman by the name of Tulsiram Ramnath had obtained a money decree against the petitioner's father and uncle, therefore, the petitioner's father Babulal had the sale-deed drawn in the name of his daughter-in-law, Smt. Anar Devi. Hence, the entire transaction was a benami transaction. Similarly, the petitioner's uncle had the sale-deed executed and registered in favour of another relative. But, despite the sale-deed being registered in her name, the petitioner's family continue to live in the southern half part of the property as a Joint Hindu Family. Smt. Anar Devi and her husband always treated the aforesaid property as property of a Joint Hindu Family. Allegedly on 30.7.1965, Babulal partitioned the aforesaid property amongst his five sons, including the petitioner, and gave separate portions to them. Even after the division, two latrines, situated at ground floor, were used as a common latrine by the families of all the brothers.