Satya Narai vs Ramlali - 1987 Supreme(All) 1131

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1987 Supreme(All) 1131

D. S. BAJPAI
Satya Narai – Appellant
Versus
Ramlali – Respondent

JUDGMENT

D. S. Bajpai, J. - This is a plaintiff's second appeal against the judgment and decree dated 391976 passed by the District Judge, Kheri dismissing the Civil Appeal No. 79 of 1976 with costs and confirming the judgment and decree dated 131976 passed by the II Additional Munsif, Kheri by which he has dismissed the plaintiff's suit (Regular Suit No. 276 of 1970) for partition.

2. Facts giving rise to the instant second appeal are that one Dillipat was the original owner of the disputed house and he died about 28 years back leaving his son Moti Lal as heir. Moti Lal and defendants 1 to 3 formed a joint Hindu family whereafter Moti Lal also died in the year 1970 leaving the present plaintiff and defendants 1 to 3 as his heirs and they became entitled to l/4th share each in the said house. It is undisputed that the plaintiff and defendants 1 to 3 remained in possession over their respective l/4th share. On May 23, 1970 the defendant No. 1 transferred her 1/4th share in the said house in favour of defendant no. 4 who was an outsider and since then defendants 2 to 4 became owners to the extent of 1/4th share each. The suit is said to have been filed against the defendant no. 4 who w

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