ANOKHILAL Vs. SAJJAN SINGH

JUDGEMENT

(1.) MAKHAN Singh, who died during the pendency of this second appeal and whose legal representatives are present appellants, has knocked the doors of this Court by preferring this second appeal under section 100 of the Code of Civil Procedure, 1908, assailing the judgment and decree dated 18th March, 1997 passed by the learned Additional District Judge, Shujalpur, District Shajapur dated 18th March, 1997 whereby Civil Appeal No. 75-A/95 of defendants has been allowed by reversing the judgment and decree passed by learned Civil Judge Class-1, Shujalpur in Civil Suit No. 168-A/90 decreeing the suit of plaintiff on 29.3.1993 has been reversed and set aside, as well as dismissing Civil Appeal No. 12-A/95 of plaintiff Makhan Singh for the grant of mesne profit.

(2.) MAKHAN Singh whose LRs are present appellants filed suit for partition and delivery of possession in respect to the immovable property, the description whereof has been mentioned in Para 1 of the plaint against defendants. According to the plaintiff, Mst. Muniyabai widow of Ganpat was the Bhoomiswami of the suit property on the death of her husband Ganpat. This position has not been disputed by the parties that Ganpat died in the year 1940. Muniyabai also died on 18.6.1979. The family tree of the parties is as under: .........[vernacular ommited text]...........

(3.) IT is the further case of plaintiff that in order to grab the property of Muniyabai defendant No. 2 Devbaksh, in collusion with Patwari of the village got the name of defendant No. 1 Sajjan Singh mutated on the basis of alleged adoption by keeping plaintiff in dark and concealing this fact from him. It has also been pleaded by the plaintiff that during the life time of Muniyabai the suit property was recorded in the name of Ajudhyabai, which is also wrong and was without any conveyance deed. Indeed the suit property was of Ganpat and after his death in the year 1940 the suit property was succeeded by his widow Muniyabai.