A.M. Sapre, J. - (1.)Defendant No. 2 has felt aggrieved and has come to this Court in First Appeal under Sec. 96 of C.P. Code, challenging the impugned judgment/decree dated 18.1.1983, passed by IIIrd Additional District Judge, Ujjain, arising out of C.S. No. 38-A/82. By impugned judgment the learned Trial Court has been pleased to decree the suit filed by the plaintiffs. Facts which led to filing of suit out of which this appeal arises need mention in short to appreciate the grievance urged by the parties.
(2.)Original plaintiff was one Ganga Bai. She died during pendency of appeal and, therefore, her legal representatives Padam Singh was brought on record. Later, even Padam Singh also expired and, therefore, in his place respondent Nos. 1 (A) to 1 (E) (Manohar Singh, Keshar Singh, Rajesh, Ashok and Bhagwan Singh) were brought on record. Likewise, one Gajja was the original defendant No. 1. He also expired during pendency of appeal. Accordingly, in his place, the respondent Nos. 2-A to 2-J (i.e. Mankuwarbai, Govind, Gyarsi Bai, Basanti Bai, Kalabai and Bheru Singh) were brought on record. There was one more legal representative on record of Gajja by name Mangli. She expired pending appeal and, therefore, her name was deleted by order of this Court dated 4.2.99.
(3.)Late Gangabai - i.e. original sole plaintiff, Beniram-defendant No. 3 (respondent No. 3) and Manibai-defendant No. 4 (respondent No. 4) were joint owners of land in suit i.e. Khasra No. 3427/1, area 0.293 Hectare and Kh. No. 3430/1, area 0.930 Hectare situated in village Jarsingh para in District Ujjain. Each had 1/3rd share in the suit land.