KULDEEP SHARMA Vs. SATYENDRA KUMAR SHARMA

JUDGEMENT

(1.) The Original Suit No. 41 of 1977 was filed by the respondent No. 1. against the appellants and other respondents for partition of his 1/16th share over house No. 22, Dilkusha, New Katra, Allahabad.

(2.) The case of the plaintiffs can be understood properly by the following pedigree.(See pedigree on next page)

(3.) It is alleged that the house in dispute was purchased by sale-deed dated 1-3-1936 from Allahabad Improvement Trust for Rs. 1200.00 by Hanuman Prasad, grandfather of the plaintiff from his ancestral as well as own funds in the name of his wife Smt. Yashoda Devi, grandmother of the plaintiff; that Smt. Yashoda Devi was only benamidar and she had no founds of her own to purchase the house; that Smt. Yashoda Devi was under the control of his son Sheo Prasad who fraudulently got a gift-deed executed from her in his favour of the house in dispute on 5-2-1945. Smt. Yashoda Devi died some time after in the year 1945; that the appellants claim the property on the basis of the gift-deed. However, Smt. Yashoda Devi was only Benamidar and has no right to execute the gift-deed of the house; that, therefore, the plaintiff has 1/16th share in the same.