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2015 Supreme(Pat) 1117

MUNGESHWAR SAHOO
Bachi Devi – Appellant
Versus
Shakuntala Kuer – Respondent


Advocates:
For the Appellants : M/s Mahesh Narain Parbat, Ashok Kumar Rai, Prem Kumar, Sanjay Kumar Jha.
For the Respondent: M/s J.S. Arora, Manibhushan Kumar.

MUNGESHWAR SAHOO, J.:–The plaintiffs appellants have filed this First Appeal against the part of the Judgment and Decree dated 31.03.78 passed by Ist Sub Judge, Gaya in P.S. Case No.13/75 whereby the Court below has refused to grant half share in Gaya house property and also whereby the Court below has decreed the counter claim filed by the defendants respondents.

2. The plaintiffs appellants had filed partition suit No.13 of 1975 claiming half share in the suit property and also prayed for rendition of account of Khali chuni business.

3. The plaintiffs claimed the aforesaid relief of partition and rendition of account alleging that Kanhai Ram and Thanu Ram both were the sons of Sukan Ram. The branch of Kanhai Ram are the defendants. Thanu Ram was original plaintiff No.1 and his descendents are other plaintiffs. Thanu Ram died. The further case is that Sukan Ram died prior to cadastral survey of the year 1914-16. During survey, the only house of the family was recorded in the name of Kanhai Ram and Thanu Ram. Since the house was the only ancestral property. Both the brothers were doing ladni business of grains and lac and then they acquired a house in the town of Gaya in Ward No.3 be

















































































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