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1990 Supreme(Pat) 77

S.B.SINHA
Mosst. Saimunissa – Appellant
Versus
Sk. Mohiuddin – Respondent


Judgment

1. This First Appeal arises out of a judgment and decree dated 15/09/1983 passed by Sri D. N. Pathak, Special Subordinate Judge, Ranchi in Partition Suit No. 201 of 1982, whereby and whereunder the said learned Court dismissed the plaintiff-appellants suit for partition.

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

3. Admittedly the properties in question belonged to one Maksud Ali, the father of the parties. He died in the year 1966 leaving behind his wife Mosst. Raufan, who was originally impleaded as defendant No. 6 (since deceased) and the plaintiff-defendant Nos. 1 to 5 as his daughter and sons respectively.

4. According to the plaintiff, in a riot which broke in the year 1967, her husband was killed and she began to stay with the defendants. According to the plaintiff, she constructed a house over a portion of plot No. 2645 of Mauja Bargain P.S. Bariatu, Distt. Ranchi and continued to stay there.

5. The plaintiff in the aforementioned suit prayed for the following reliefs : - "(a) That a decree for partition of the share over the property in suit of the plaintiff be passed and confirmation of possession adjudicating the right, title and interest over the hou


































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