AMITAV K.GUPTA
Hemlata Devi – Appellant
Versus
Ramautar Sao – Respondent
Amitav K. Gupta, J.
The present appeal is directed against the judgment and decree dated 25.7.2012 and 7.8.2012 respectively passed in Partition Suit No. 54/2001 by the learned Sub-Judge-XI, Ranchi.
2. The aforesaid suit was instituted by Ramavtar Sao-plaintiff, for grant of a decree for partition and carving out 1/4th share in the suit property, i.e., the plots of land appertaining to Khata Nos. 66 and 67 respectively situated at Village-Namkom, District-Ranchi.
The plaintiff's case is that the suit land was recorded in the revisional survey in the name of Jageshwar Ram and Ganesh Ram-sons of Chhedi Ram. That Jageshwar Ram died leaving behind his only son, viz. Anand Sao, original defendant no. 1 (since deceased) and Ganesh Ram died leaving behind two sons, Ramavtar Sao (plaintiff) and Lakhan Sao (defendant no. 2). That after the death of the recorded tenants, the plaintiff and defendant came in joint possession of the suit property. The further case of the plaintiff is that he requested for partition of the suit property on several occasions but the defendants did not pay any heed whereafter due to inconvenience felt in the jointness, the plaintiff preferred the suit for par
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