- (1.) This appeal is preferred against the judgment and decree dated 14-2-1983 of the Allahabad High Court in Second Appeal No. 1845 of 1974. Brief facts giving rise to this appeal by special leave are the following: The respondent herein filed an Original Suit No. 43 of 1962 in the Court of the Second Civil Judge, Meerut, for partitioning his half share in the property described in the plaint and for rendition of account in respect of the same. The appellant was the defendant in the said suit, now represented by legal representatives as she died pending this appeal. For easy appreciation, we refer to the parties as the plaintiff (respondent herein) and the defendant (deceased appellant) in this judgment. One Battu Mal was the husband of the defendant. The said Battu Mal purchased the suit property under a sale deed dated 9-5-1953 for a sum of Rs 17,000 in the joint names of himself and the plaintiff, who was then a minor aged 16 years. The said Battu Mal was murdered in June 1956. The plaintiff was prosecuted for the murder of the said Battu Mal and was convicted and sentenced to imprisonment and factually when the suit was filed, he was in prison. The plaintiff was the son of a cousin of the said Battu Mal. Battu Mal had no issue.
(2.) In the plaint, though a claim was made that the plaintiff was the adopted son of Battu Mal, the suit was based not on that ground but expressly on the basis that Battu Mal purchased half of the property for him (the plaintiff).
(3.) The suit was resisted by filing the written statement. It was, inter alia, stated in the written statement that there was no disclosure in the plaint as to how the property in dispute belonged to the plaintiff and Battu Mal equally. It was also stated that the said Battu Mal purchased the suit property exclusively for him by paying the entire sale consideration. There was no intention on the part of Battu Mal to share the property or gift half share to the plaintiff when the name of the plaintiff was jointly included in the sale deed.;