RADHEY SHYAM Vs. BHANWAR LAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 18. 8. 1990, passed by the trial court, by which, a suit for eviction through partition, filed by the plaintiff-appellant (hereinafter to be referred to as the 'plaintiff') has been dismissed. It has been alleged that grand father of plaintiff Shri Ganga Ram had left lot of movable and immovable properties at the time of his death in the year 1952. All the properties came in possession of the plaintiff's father Laxmi Narayan in the capacity of Karta and Manager. The immovable properties left by Ganga Ram included a house bearing No. 1567, situated at Chokri Modi Khana, Rasta Sanghiji, Jaipur City. It has further been alleged that father of plaintiff Laxmi Narayan had five sons and two daughters. The plaintiff claimed that plaintiff's father Laxmi Narayan purchased one house at Chaura Rasta vide sale deed dated 7. 11. 1959 in the name of Smt Nathi, wife of elder son Bhanwar Lal and Devraj, minor son of Bhanwar Lal. One more shop in Gopal Ji Ka Rasta was also purchased by father of the plaintiff Laxmi Narayan in the name of Smt Nathi wife of Bhanwar Lal. Another shop situated at Chaura Rasta had been purchased by father of the plaintiff in auction in the name of Bhanwar Lal, however, the same shop was subsequently exchanged with a shop belonging to one Radheyshyam Paanwala through registered exchange/transfer deed. Since all the properties, referred to above, belonged to Laxmi Narayan as Karta and Manager of the family, the plaintiff was entitled for share in the same by way of partition. The claim in regard to gold and silver ornaments as also money decree left by grand father Ganga Ram has also been raised.

(2.) IN reply, the allegations made by the plaintiff have been denied by the defendants-respondents (hereinafter to be referred to as the 'defendants' ). It has been submitted that so far as immovable properties left by grand father Ganga Ram is concerned, a partition had already taken place in the year 1963 during the life time of father Laxmi Narayan, who died in the year 1972 and all brothers are in possession of the respective portions as per the partition and family arrangement. It has also been submitted that other immovable properties have been purchased by the elder brother Bhanwar Lal (since deceased) from his own income and resources. The claim on decree and ornaments left by grand father Ganga Ram have been denied. It has further been submitted on behalf of the defendants that even Laxmi Narayan had made a will of his immovable property in favour of one of his sons defendant- Roop Narayan on 31. 11. 1971, which clearly indicates that apart from partition already taken place the properties alleged to be purchased in the name of defendant Bhanwar Lal, his wife and minor son does not belong to the joint family nucleus.

(3.) AFTER having considered submissions of learned counsel for the parties, I have carefully gone through the material on record as also the judgments cited at the Bar.