MISHRILAL Vs. NATHU

JUDGEMENT

(1.) -This judgment shall also dispose of S.A.No. 508/80 as both these appeals arise out of the judgment and decree dated 25.3.80 rendered in first appeal No. 1- A/77 by the court of Distt. Judge, Mandleshwar (West Nimar), in affirmance of the judgment and decree dated 2.8.76 passed in C.O.S.No. 3-A/73 by the court of Civil Judge, Class-I, Khargone - Camp Mandleshwar.

(2.) The suit giving rise to this appeal was brought by late Balram and the present appellants Mishrilal, Bhagwan and Mulibai for partition of disputed lands received in an earlier partition by Balram with his brothers Anandilal and Ramchandra the respondents No. 2 and 3 herein who were also arrayed as proforma defendants in the suit. The respondent No. 1 Nathu is the legitimate son of late Balram born of his first wife. Balram had contracted second marriage with appellant No. 3 Mulibai. The appellant No. 1 Mishrilal and No. 2 Bhagwan were born of this second wedlock.

(3.) The suit was resisted by defendant - respondent No. ] Nathu. He denied the factum of validity of marriage of Mulibai with Balram as also Mishrilal and Bhagwan being legitimate sons of Balram. He also denied any right of Mulibai. Mishrilal and Bhagwan in the suit propertry. He claimed to be in possession of the suit land to the exclusion of all the plaintiffs. According to him the suit was barred by limitation.