ANANDI LAL Vs. ONKAR

JUDGEMENT

(1.) THIS is a first appeal by the plaintiff in a suit for partition and possession of immovable property situated at Jaipur in a locality which SS called Chowkri Ghat Darwaza, Rasta Bhaironji Kundigaran, Gali Naiyan.

(2.) THE plaintiff's case was that the houses whose description has been given in the plaint, belonged to his father Manak. About 45 years prior to the date of the institution of the suit (which was filed on 30. 10. 48 in the court of Civil Judge, Jaipur City), his father had adopted the defendant as his son, because he had no natural son of his own by that time from his first wife. After the death of his first wife, he married another wife, who gave birth to the plaintiff. A few years after, the plaintiff's father got angry with the defendant on account of some undesirable activities on his part and so he turned him out of his house. The defendant then began residing in another house. The plaintiff's father died on 15 -6 -37 'and after his demise, the defendant took forcible possession of certain movable and immovable properties of the deceased and started harassing the plaintiff in several ways. It was, therefore, prayed by the plaintiff that he, being the legitimate son of his father, should be declared heir to 3/4th of his property and should be put in possession thereof.