1. This appeal is filed by the defendant challenging the judgment and decree dated 30.11.2000 passed by the 9th Additional District Judge, Gwalior in Civil Suit No. 55-A of 1997 whereby the Court below has decreed the suit filed by the respondent plaintiff.

2. Respondent plaintiff has filed the present suit alleging that the house No. 38/1 795 situated in Vansal Wali Gali, Lashkar. Gwalior, was initially owned by one Bansi Kushwah. Bansi Kushwah died prior to 1956, i.e., before coming into force of Hindu Succession Act, 1956 and he was survived by his son Darua, Chote Singh son of Darua was also alive at the time of death of Bansi Kushwah.

3. As Bansi Kushwah died prior to coming into force of Hindu Succession Act, the property de-volved on his sons Darua and Chote Singh. Chote Singh being a coparcener, have birth right in the suit property and both of them have 1/2 share in the property. Chote Singh died after 1960. After his death Darua executed the sale deed in respect of whole house in favour of Jankibai who is defendant No.2, on 21.2.1997.

4. Darua died during the pendency of litigation. By the present suit the plaintiff has alleged that as Chote Singh