PATNA HIGH COURT
Shambhu Prasad Singh and B.D.Singh JJ.
Chandreshwar Singh
Versus
Ramchandra Singh
Appeal from Original Decree No. 497 of 1962 ;
Decided On : AUGUST 24, 1972
B.D.Singh, J.
1. This appeal by defendants 1 to 3 and their descendants has been preferred against the judgment and the decree passed in Title suit No. 29 of 1957, which was instituted by the plaintiff-respondents 1 to 3 on the 21st November, 1957, claiming partition of their one-fourth share in the joint family landed properties mentioned in Schedule A of the plaint and moveable properties, including cash, mentioned in Schedules B, C, D and E thereof. The relationship between the parties will appear from the following genealogical table:-
-
GANAURI SINGH
___________________________|______________________________
| | | |
Dilbharan Singh Hibharan Singh Shibaran Singh Jhari Singh
| = Jago Kumri |
| | |
| Karu Singh (dead) |
| = Baso Kumari (D.6) |
| | |
| Savitri Devi |
| __________________________|________
| | | |
| Chandreshwar Foujdari Jangli Sing
| Singh (D.1) Singh (D.2) (D.3)
| ______________________|________ | |
| | | | | |
| Sita Saran Biral Singh Shyam Sundar | |
| Singh (Minor) Singh | |
| (D. 7) (D. 8) (Minor) (D. 9) | |
| ___________________________|____ |
| | | | |
| Arjun Singh Mahadeo Singh Mahendra |
| (D. 10) (D. 11) Singh (D. 12) |
| |
___________|___________ ___________________________|________
| | | | |
Bahador Singh Ram Pratap Lakhan Singh Bhagwan Singh Surendra Singh
= Pataso (P. 3) Singh alias Jamuna (D. 13) (D. 14) (minor)(D. 15)
| |
Ramswaroop Singh |
=Indra Devi (P. 2) |
| |
Ramchandra Singh |
(P. 1) |
_________|__________________________
| |
Shyam Sakal Singh Maheshri Singh
(D. 4) (D. 5)
___________|_______________________
| | |
Rajniti Singh Rajeshwari Singh Nonulal Singh
(D. 16) (D. 17) (minor)(D. 18)
It may be noticed that in the genealogical table which the plaintiffs gave in their plaint, Jago Kumri widow of Sribaran Singh was not shown.
2 The plaintiffs case in brief was that Ganauri Singh was the common ancestor of the parties noted in the above genealogical table. He had four sons, namely, Dilbharam Singh, Hibharan Singh, Shibaran Singh and Jhari Singh who were all dead before the institution of the suit. The plaintiffs and defendants 4, 5, 16, 17 and 18 represent the branch of Dilbharan Singh whereas defendant No. 6 (Baso Kumri) is the Widow of Karu Singh, the son of Shibaran
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