B.K.RATHI, J. - (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 l/16th share over house No. 22, Dilkusha, New Katra, Allahabad.
(2.) THE case of the plaintiffs can be understood properly by the following pedigree: Kishorji Kashi Prasad Yashoda Hanuman Prasad Sharma Smt. (Died 1937) (Died 1945) (Died issueless) I I First wife Sheo Prasad Second wife (Jai devi Died) (Died 1971 D -l) Smt. Kamla Devi (Died) Devi Prasad = Lakshmi Devi (Died 1936) (Died 1992) Chanakya(Un - Satyendra(D -S) sound mind D -9) Shailendra (Ptff) (Died 6 -9 -88)Smt.Sud -harani. 1 1 Suresh Chand (D -7) Smt.Shunni Devi Desh Deepak Kuldeep(D -2) (D -5) Anup(D -3) Babloo(D -4) RekhaRani (Died, Unsound mind) It is alleged that the house in dis ­pute was purchased by sale deed dated 1 -3 -1936 from Allahabad Improvement Trust for Rs. 1,2007 - 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 funds 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 l/16thshare in the same.
(3.) THE appellants only contested the case. The other defendants - respondents admitted the plaintiff's case. The appel ­lants however did not dispute the above pedigree, but they claimed that the house m dispute was acquired by Smt. Yashoda Devi from her stridhan and she was ab ­solute owner of the same that it was not acquired from the ancestral funds or by the earnings of Hanuman Prasad that Devi Prasad another son of the Hanuman Prasad died in October, 1936 and his wife shifted to maika. Sheo Prasad son of Smt. Yashoda Devi was looking after her and the property was gifted by Smt. Yashoda Devi in favour of Sheo Prasad with her own free -will that therefore, appellants be ­came absolute owner of the property that the plaintiff has no share in the same.;