- (1.) This is an appeal by the defendants arising out of the judgment dated 21-4-80 passed by the then IIIrd Addl. District Judge, Mirzapur in Original Suit No. 62 of 1975.
(2.) Original Suit No. 62/ 75 of the Court of Mirzapur was filed by Kanhaiya Lal (since deceased) against 9 defendants. The relief prayed for was that the house given in List A, at the foot of the plaint, be partitioned and the share of the plaintiff being 7/ 12, be separated by means of a final decree.
(3.) A pedigree has been given in paragraph 1 of the plaint. Kanhaiya Lal, deceased was the son of Beni Prasad and grandson of Hanuman Prasad. According to the pedigree, Shiv Sewak Lal had two sons - Hanuman Prasad and Mewa Lal. Hanuman Prasad predeceased heirless. Therefore, the entire property was vested in Hanuman Prasad, who had four sons - Lalta Prasad, Binda Prasad, Beni Prasad and Deep Narain Lal.Lalta Prasad died in 1933 leaving behind his widow Smt. Bhagwati Devi, who died in 1959 heirless. Therefore, the entire property was inherited by Binda Prasad, Beni Prasad and Deep Narain Lal. At a later stage, Binda Prasad, Beni Prasad and Deep Narain Lal separated from each other, having 1/3rd share each. Binda Prasad borrowed some amount from Smt. Sahodara Devi, wife of Beni Prasad and executed a mortgage deed in her favour for the said transaction. Binda Prasad failed to redeem the said mortgage. Kanhaiya Lal, son of Smt. Sahodara Devi instituted Original Suit No. 275 of 1951 against Binda Prasad. The suit was decreed and ultimately, 1/4th share belonging to Binda Prasad in the house of Schedule A was auctioned and purchased by Kanhaiya Lal. The possession was also delivered to him in due course. Other defendants disputed the title of the plaintiff, therefore, this petition suit was filed.;