- (1.) These appeals are directed against judgment dated 22.7.2004 of the learned Single Judge of the Madhya Pradesh High Court whereby he allowed the appeals filed by respondent No.1 Vinod Kumar and respondent No.2 Anand Kumar, set aside judgment and decree dated 21.11.2002 passed by II Additional District Judge (Fast Track), Harda (hereinafter described as the trial Court ) and decreed the suit filed by respondent No.1 for declaration, possession, permanent injunction and recovery of rent in respect of the share of Shri Harishankar (father of the appellant and respondent Nos.1 and 2) in the joint family property. The learned Single Judge also declared that respondent No.2 shall be entitled to possession of his share in the suit property in terms of Will dated 9.6.1989 (Ex. P-1) executed by Shri Harishankar.
(2.) For the sake of convenience, the parties are being referred to as the appellant and the respondents.
(3.) Appellant Mahesh Kumar who is now represented by his legal representatives, respondent Nos. 1 and 2 and their father were members of the joint family. In 1965, respondent No.2 took his share and separated from the joint family. After 20 years, another partition took place among the remaining members of the joint family. In the second partition, respondent No.1 got 9.83 acres land of village Nimchakhurd and a house situated at Timarni Bazar. The appellant got the other house situated at Timarni and cash and Shri Harishankar got land comprised in Khasra No.92/1, 92/2 and 92/9 situated at Timarni along with the bungalow constructed over it.;