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1958 Supreme(Pat) 62

RAJ KISHORE PRASAD
Lateshwar Jha – Appellant
Versus
Mt. Uma Ojhain – Respondent


Judgment

Raj Kishore Prasad, J.

1. In this appeal by defendants 1 to 7 from the decision of the Court below decreeing the plaintiffs suit for partition, we are concerned only with defendant No. 8, who is respondent No. 1 to the appeal.

2. The facts leading to the present appeal may shortly be put as below :

3. There was one Babuji Jha, who had two sons; (1) Ramdhari Jha whose grandson is the plaintiff, and (2) Bachan Jha who died leaving behind five sons, namely, defendants 1 to 3 and two other sons, who are now dead, (1) Achki Jha whose widow is defendant No. 8 and (2) Sibu Jha whose widow is defendant 9. Defendants 4 to 6 are the sons of defendant No. 1. Defendant No. 7 is the son of defendant No. 2.

4. The plaintiff claimed partition in respect of his moiety share in the properties under partition, and, the remaining moiety share belonged admittedly to the defendants. Defendants 1 to 7 compromised with the plaintiff agreeing to divide trio suit properties according to the plaintiffs claim. Defendants 8 and 9, the two widows of the two deceased brothers of defendants 1 to 3 contested the suit claiming 1/10th share each in the properties under partition by virtue of the Hindu Women











































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