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1980 Supreme(Pat) 28

CHAUDHARY SIA SARAN SINHA, HARI LAL AGRAWAL
Shibram Missir – Appellant
Versus
Tularam Missir – Respondent


Judgment

HARI LAL AGRAWAL, J.

1. This first appeal by the plaintiff arises out of a suit for partition. He claimed half share in the suit properties consisting of both immoveables and moveables which are described in the various items of schedule to the plaint. Items Nos. 1 to 5 of the schedule are all immoveable properties and Items Nos. 6 to 9 are moveables. Except the last item which is cash money amounting to Rs. 30,000/-, the other moveable items consist mainly of silver utensils and the like. The plaintiff in the plaint itself had stated that he had acquired a piece of Basouri land from his own earning in Mouza Nilkanthpur in the town of Deoghar, by a registered lease deed dated 8-5-1958 and accordingly that was not, liable to partition. The trial court decreed the plaintiffs suit in part. It did not accept the plaintiffs claim under Item No. 8 with respect to silver utensils. Item No. 7 which is a silver snake said to be weighing 250 tolas was allowed in part. It also rejected the plaintiffs claims with respect to the cash amount and that the Nilkanthpur property was his self-acquired property. The plaintiff has accordingly filed the present appeal.

2. The parties to the suit

















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