CHIRANJILAL Vs. NORATMAL

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff Chiranjilal from the appellate judgment and decree of the District Judge, Ajmer, dated 10th October, 1966 by which the learned Judge confirmed the judgment and decree by the trial court namely, Civil Judge, Ajmer, dismissing the plaintiff's suit for partition of the house situated in the town of Ajmer and fully described in para No. 1 of the plaint.

(2.) THE following pedigree table may be helpful in understanding the facts of the case: - Mohanlal Poonam Chand Ram Dev (Died in February 1951) Jawaharlal alias Joharilal (Adopted son) Smt. Narbada married to (Defendant No. 1) Noratmal Chiranjilal (plaintiff) Nathulal (Defendant No. 2)

(3.) LEARNED counsel then contended that even if it is found that Chiranjilal was major at the time when the sale deed Exhibit-6 was executed then also there is good evidence on the record to lead to the conclusion that Noratmal was mentioned as a vendee in the sale-deed Exhibit-6 only as a 'benamidar' or an ostensible owner and not the real owner. In this connection he has urged that a very big portion of the consideration of sale came from the minors and that Noratmal being the father of Chiranjilal and Nathulal was in a fiduciary position. In support of his contention learned counsel has relied upon Mt. Bilas Kunwar vs. Desraj Ranjit Singh (l), Srimathi Nrityamoni Dasi vs. Lakahu Chandra Sen (2) and Kumar Harish Chandra Singh Deo vs. Banshidhar Mohanty (3 ). On the other hand, lasrned counsel for the respondents has argued that the plaintiff had not based his case on the ground that the transaction of sale (exhibit 6) was Benami and the real owners were Chiranjilal and Nathulal, nor has succeeded in proving so.