ORDER

Heard Mr. Alok Kumar Choudhary, learned senior counsel assisted by Mr. Kulanand Jha, learned counsel for the appellant and Mr. K.N. Choubey, learned senior counsel assisted by Mr. Siddarth Harsh, learned counsel for respondents.

2. This Second Appeal has been preferred against the judgment and decree of affirmance dated 22.12.2016 passed by learned Additional District Judge-VIIth, Patna in Title Appeal No. 114 of 2000, whereby the learned First Appellate Court has upheld the judgment and decree dated 20.09.2000 passed by the learned Sub-Judge-IV, Patna in Title Suit No. 515 of 1990/29 of 2000.

3. The defendant is the appellant in the instant Second Appeal. The plaintiffs/respondents filed the Title Suit No. 515 of 1990/29 of 2000 for partition of their ¾th share in Schedule- IV property and also for declaration that the lands purchased through sale deeds dated 07.03.1953 and 25.02.1963 in favour of Lakhpati Devi is joint family property and joint family is in possession of the same and also the said purchased property is liable for partition and the gift deed dated 22.04.1981 executed by Lakhpati Devi is not binding upon the plaintiffs.

4. The case of the plaintiffs is that Late Udit Narain Singh had one son Ram Naresh Singh and one daughter Ram Swari Devi. Ram Naresh Singh had one son, namely, Vijay Singh. Ram Naresh Singh died in the year 1952 during the lifetime of his father Udit Narain Singh leaving behind his wife Vidhyachali Devi, son Vijay Singh and daughter Savitri Devi. The said Vijay Singh died unmarried in the year 1956-57 and further case of the plaintiffs is that Udit Narain Singh died in the year 1972 leaving behind his widow Lakhpati Devi, daughter Ram Swari Devi, pre-deceased son’s widow Vidhyachali Devi and pre-deceased son’s daughter Savitri Devi. It is further case of the plaintiffs that Udit Narain Singh was the Karta of the joint family and Udit Narain Singh had sufficient nucleus and income from the joint family property and he had also income from his government service and from their income he purchased 3 kattha 3 dhur land in Plot No. 769 through registered sale deed dated 07.03.1953 in the name of his wife Lakhpati Devi for construction of the house. He again purchased 3 kattha 3 dhur from joint family fund just adjoining north of the previously purchased land through registered sale deed 26.07.1957 in his own name and again he purchased 11 and ½ decimals of land adjoining north of the aforesaid land through sale deed dated 25.02.1963 in the name of his wife Lakhpati Devi and thus he acquired a block of 9 kattha 9 dhur 12 dhurki in Plot No. 769 for construction of residential house for occupation of his family members. He also constructed residential house west side of the aforesaid block by the side of the road covering part of all the said three purchased plots and in the remaining vacant portion of the land vegetables were grown. Lakhpati Devi had not invested any money for purchasing the land or construction of the house nor Udit Narain Singh had acquired the said property for the benefit of Lakhpati Devi, who had no means or source of income from her Naihar. It is further pleaded that Ram Naresh Singh died in the year 1952 in the state of jointness with his father Udit Narain Singh leaving behind his wife Vidhyachali Devi, one son Vijay Singh and one daughter Savitri Devi. The widow of Ram Naresh Singh succeeded the interest of her husband along with his son Vijay Singh in the joint family property and her limited interest became absolute after passing of the Hindu Succession Act, 1956. However, her son Vijay Singh, son of Late Ram Naresh Singh also died unmarried in the year 1956-57. Further case of the plaintiffs is that there was 17 Bighas and odd raiyati land including the house in the village and a double storeyed house at Patna over 2 kattha 8 dhur 16 dhurki land in the joint family. Lakhpati Devi, Smt. Vidhyachali Devi, Ram Swari Devi gave 5 Bigha 9 kattha land in village Kosut, 1 katth