CHANDI Vs. KALI CHARAN

JUDGEMENT

(1.) This appeal arises out of a suit for possession of a half share in two plots situate in the city of Lucknow by partition.

(2.) The facts may be given with reference to the following pedigree:

(3.) The plots in suit, namely, plot No. 17 in mohalla Ramnagar, area 3 bighas 3 biswas 4 biswansis 10 kachwansis and plot No. 614 in mohalla Salakganj measuring 15 has 18 bis-wansis 16 kachwansis with certain trees and a well were purchased under a sale deed (Ex. 1) in the name of Rupan and Nanhun jointly on 27 July 1905. Rupan subsequently, gitted his share on 19 September 1S09 to Tulsbi. He stated in the deed that though he provided the purchase money for acquiring the plots, he owned only a half share, that the other half belonged to Nanhun and since Tulshi had no interest in the plots, he was giving him by way of gift his own half share. Rupan's son, Jeorakhan, it would seem, bad already separated.