SANDEEP KUMAR
Krishna Murari Tiwari Son of Late Sheo Murat Tiwari – Appellant
Versus
Ram Krit Tiwari Son of Late Bachai Tiwari – Respondent
JUDGMENT :
Heard learned counsel for the petitioner.
2. No one appears for the respondents despite notices having been validly served.
3. In this case, the petitioner is challenging the award dated 03.04.2008 passed by Permanent Lok Adalat, Kaimur at Bhabhua, in Title Suit No.72 of 2008, by which the suit property has been partitioned among the parties on the basis of a compromise petition.
4. It is the case of the petitioner that late Bachai Tiwari has seven sons, out of which, Patru Tiwari died issueless prior to filing of the suit. Sheo Janam Tiwari died issueless. The petitioner is the son of first wife of Sheo Murat Tiwari and pursuant to khangi partition / oral partition which took place in 1980 among the sons of late Bachai Tiwari, a piece of land fell in the share of Sheo Janam Tiwari, who being pleased with the services of the petitioner, executed registered gift deed bearing no.5409 dated 24.05.1982 in favour of the petitioner with respect to Khata no.118, 112, 71 & 65 measuring an area of 1 acre 72½ decimal.
5. According to the petitioner, subsequently in the year 2008, a Title Partition Suit was filed bearing T.S. No.72 of 2008 by the respondents. On their request, record of
Dhirendra Pratap Singh v. Ravi Kant Singh reported in 2014(2) PLJR 619
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