GOPAL SINGH Vs. GAJ SINGH

JUDGEMENT

(1.) BY way of filing the present appeal under S. 96 of the Code of Civil Procedure defendant-Gopal singh is challenging the judgment and decree dated 27-4-1989 passed by addl. District Judge, Bhilwara in Civil Original Suit No. 63/77.

(2.) ACCORDING to facts emerging from the suit, respondent-Gaj Singh s/o Baldeo Singh filed suit for partition and appellant-Gopal singh s/o Baldeo Singh, Smt. Gulab Kanwar wd/o Baldeo Singh and Smt. Prem Kanwar d/o Baldeo Singh were impleaded as defendants in the suit. Obviously, the plaintiff and defendants are legal heirs of late Baldeo singh. In the suit, plaintiff-Gaj Singh made a prayer that decree may be passed for partition of the property of late Baldeo Singh and half portion of the property may be decreed in his favour and possession thereof may be delivered to him. The plaintiff further prayed in the suit that income of the property from the date of filing suit till his possession may also be decreed in his favour.

(3.) ACCORDING to plaint, plaintiffs father baldeo Singh died on 17-11-1973 leaving behind two sons, a daughter and his widow smt. Gulab Kanwar (respondent No. 2 ). Before his death, all his three children were got married and since his death his widow smt. Gulab Kanwar lived with defendant-appellant-Gopal Singh. During his lifetime, late Baldeo Singh owned properties mentioned in list V and the plaintiff claimed in the suit half of the property as his share.