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1989 Supreme(Pat) 36

S.B.SINHA
Radhamoni Bhuiyanin – Appellant
Versus
Dibakar Bhuiya – Respondent


Judgment

1. - This First Appeal arises out of a judgment and decree dated 30/09/1978 passed by Shri V. Topno, Subordinate Judge, Chaibasa in Title (Partition) Suit No. 12 of 1977, whereby and whereunder, the said learned court decreed the plaintiff-respondents suit.

2. The facts of the case lie in a very narrow compass.

3. The plaintiffs filed the aforementioned suit claiming, inter alia, half share in the properties described in Schedule B of the plaint.

4. For appreciating the case of the parties, it is necessary to look into the genealogical table.

5. The genealogy is not disputed. According to the plaintiffs-respondents, they had been in joint possession of the lands in question along with the defendants and their share being half in respect of the properties in suit, they are entitled to the said share and obtain a decree for partition.

6. According to the defendants, all the lands described in Schedule B of the plaint were not the ancestral lands of the parties. The defendants contention was that the lands which were described in Schedule appended at the foot of the written statement were acquired by Suku and Bono which took place more than seventy years ago.

7. For the purpos






























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