GAURISHANKAR Vs. MADANLAL

JUDGEMENT

(1.) This order shall also govern the disposal of S.A. No. 301/2007 (Gorishankar & others V/s. Madanlal & others) preferred by the present appellants against the common judgment and decree passed by IInd Additional District Judge (Fast Track Court), Narsinghgarh, District Rajgarh.

(2.) Necessary facts lie in a narrow compass. The appellants No. 1 to 4 are the grand sons of one Ambaji, appellant No. 5 is daughter-in-law of Ambaji and appellant Nos. 6 & 7 are the great grand sons of Ambaji. The Respondent Nos. 1 to 4 are the sons and daughter of Ambaji and they were contesting defendants. It is also clear that the plaintiffs and defendants are closely related to each other.

(3.) Ambaji was the owner of 19 'Bighas' of land. Upon his death, he was survived by four sons and a daughter viz. Bapulal, Madanlal, Kanhaiya, Hazarilal and Sardar Bai. Bapulal was father of Respondent Nos. 1 to 4 and husband of appellant No.5. It is not in dispute that out of 19 'Bighas' of land, 8 'Bighas' were sold by the four sons and daughter and thus, the family was left with 11 'Bighas' of land.