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1987 Supreme(Pat) 354

ABHIRAM SINGH
Brahamdeo Rai – Appellant
Versus
Nagina Rai – Respondent


Judgment

Abhiram Singh, J.

1. This appeal is directed against the judgment and decreed dated 25th February, 1971 and 24th March, 1971 respectively passed in T. S. No.43 of 1967 which had been filed for partitioning the lands described in several schedules of the plaint and for allotting l/3rd share in the entire lands to the plaintiffs.

2. The case of the plaintiffs-respondents is that the common ancestor of the parties, had Ramauter three sons, namely, Raghu Nandan Rai, Bhabani Rai and Raghunath Rai. The plaintiffs are the SODS of Bhawani Rai, defendants first party are the descendants of Raghu Nandan Rai and defendants second party are the descendants of Raghunath Rai. On the basis of this genealogy, the plaintiffs claimed l/3rd share in the entire lands which were the subject mattter of the partition suit. The defendants-first party contested the suit on several grounds. The case of the defendants first party is also that most of the lands in question were the self acquired property of the branch of Raghunandan Rai.

1. Against the judgment and decree passed by Shri Jagnarain Prasad, Subordinate judge, Second Court, at Arrab, in Title Suit No.43 of 1967, dated 25-2-1971 and 24-3-1













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