U. C. MAHESHWARI, J.

( 1 ) THE appellant/plaintiff has preferred this appeal under Section 96 of Civil Procedure code being aggrieved by the order dated 24-2-1998 passed by District Judge, Jabalpur in Civil original Suit No. 43-A/1996 whereby suit for partition, possession, declaration and perpetual injunction has been dismissed by allowing the application under Order 7, Rule 11 of CPC filed by respondent Nos. 1 2, 4 and 5.

( 2 ) THE facts giving rise to this appeal are that the plaintiff, the son of respondent No. 3 and nephew of respondent Nos. 2, 4 and 5 and grand-son of respondent No. 1, filed the present suit for partition, possession, declaration and perpetual injunction regarding house property hearing house No. 569 (Old no. 664, 665 and 666), situated at bhaldarpura, Sarafa Ward, Jabalpur. According to the plaint assertions late Mool chand Jain died before 90 years and his son Lalchand Jain, died before 50 years leaving behind three sons namely, Late Pannalal jain, Prem Chand Jain and Shikhar Chand jain. The ancestral property was divided by late Lal Chand Jain in his lifetime amongst his sons, Panna Lal and Premchand were given some other properties while house in dispute

Click Here to Read the rest of this document