Hon’ble Rakesh Sharma, J.—Heard Sri Sankatha Rai, learned Senior Advocate, assisted by Sri J.P.Rai, learned counsel for the Defendant-Appellant. Sri P.C. Jain, learned counsel, has put in appearance on behalf of Plaintiff-respondents.

2. Through this Second Appeal, the appellant has assailed the judgment and decree dated 26.5.2004, rendered by the Ist Additional District Judge, Agra, in Civil Appeal No. 429 of 1997, Kunwar Narain Sharma v. Smt. Shanti Devi (Dead)/Smt. Prabhawati Devi. This Appeal arose out of a Suit for partition of House No. 28 (Municipal No. 39/79), Old Idgah Colony, Agra. The said Suit No. 186 of 1971, Kunwar Narain Sharma v. Smt. Shanti Devi, was brought by the respondent No. 1 herein, that is, Kunwar Narain Sharma, and was decided by the Trial Court, that is, VII Additional Civil Judge (S.R.), Agra on 20.10.1997. In the present case, both the parties are the legal heirs, son and daughters of a common ancestor, late Ram Narain Sharma, from his two wives.

3. The following admitted pedigree is relevant for the purposes of appreciation of the case :

Lekhraj

Chiranji Lal Hoti Lal

(died in 1943)

Laxmi Narain (Son) Smt.Bhagwati Devi Smt.Laxmi Devi

(Daughter) (Daughter)

Prem Narain

(son)

Ram Narain Sharma (Son)

(1895-1963)

(Smt.Indrawati Devi) (Smt.Shanti Devi-Second Wife)

(First wife Married in 1914) (Marriedin 1924-Died during

(Died in 1923) pendency of litigation on 2.10.1974)

Smt. Prabhawati Devi

(Daughter-Defendant-Appellant)

Kunwari Narain Sharma Smt.Krishnawati

(son Born in 1922) (Daughter-Died on 7.1.2003)

(Plaintiff-respondent herein)

Smt. Hemlata Govind Narain Surendra Dinesh Lalit Narain Bhagwat Narain Narain Narain

Daughter Son Son Son Son Son

4. The plaintiff-respondent No. 1, Kunwar Narain Sharma, has set out a case in the plaint before the Trial Court that the house in dispute, that is, Kothi No. 28, Old Idgah Colony, Agra was acquired out of joint Hindu Family Fund/nucleus by late Ram Narain Sharma, his father, and he had substantial share in the said House. On the other hand, the Defendant-appellant, throughout maintained that the house in dispute was acquired by late Ram Narain Sharma out of his own and independent income as he was working as an Income Tax Officer in the Income Tax Department. He had served as an Income Tax Officer in the Income Tax Department from 1921 to 1940.

5. The plaintiff-respondent No. 1, Kunwar Narain Sharma, pleaded before the Trial Court that late Ram Narain Sharma, his father and the husband of Smt. Shanti Devi (step mother of the plaintiff-respondent), Defendant-appellant, had sufficient ancestral property and funds. His great grand father Lekhraj and grand father Chiranji Lal and grand father’s brother, Hoti Lal, were having income from Zamindari situate in neighbouring Aligarh District. With the help of HUF funds, late Ram Narian Sharma had purchased a plot of land in Old Idgah Colony, Agra and raised his residential house (Kothi), which is popularly known as Kothi No. 28, Old Idgah Colony, Agra. His grand father, Chiranji Lal, in addition to Zamindari property was also engaged in money landing business. He was also working as Head Clerk in the office of the District Inspector of Schools, Agra and had saved sufficient money to provide adequate funds to his son, that is, plaintiff’s father, late Ram Narain Sharma to purchase the said plot of land in Old Idgah Colony, Agra and get the house in dispute constructed. He pleaded that the house in dispute is a joint Hindu Family property and as such he sought partition in the family property. The plaintiff, Kunwar Narain Sharma, claimed that he alongwith his sons and father Ram Narain Sharma were the owners of the house in dispute. They were entitled to get half share in the property in the life time of late Ram Narain Sharma. As per pleadings in the plaint, the share of Ram Narian Sharma devolved on the plaintiff, Smt. Krishnawati Devi and Smt. Shanti Devi,