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2022 Supreme(Jhk) 97

GAUTAM KUMAR CHOUDHARY
Kisto Sahu – Appellant
Versus
Fulmani Devi – Respondent


Advocates Appeared:
For the Appellants : Mr. Arshad Hussain.
For the Respondents: Mr. Atanu Banerjee.

JUDGMENT :

1. The appellants are the plaintiffs who have preferred the instant appeal against the judgment of reversal passed by the Additional District Judge, Simdega in Title Appeal No. 27 of 1998 whereby and whereunder, the learned appellate Court has reversed and set aside the judgment and decree passed in Partition Suit No. 30 of 1991.

2. Plaintiffs brought the suit for 1/2th share in the joint family property described in the Schedule by partition.

3. As per the case of the plaintiff the suit land fully detailed in Schedule A was recorded in the name of Banmali Sahu and was succeeded by his sons Shivcharan Sahu and Brajmohan Sahu. The property was not partitioned by metes and bounds though for convenience they lived separately. Shivcharan Sahu died on 25.08.1978 leaving his daughter Parwati Devi who died in the year 1990 leaving behind her husband Kristo Sahu Plaintiff no.1 and two daughters Anita Devi and Gita Devi as her heir and successor.

4. Plaintiff No. 1, Kristo Sahu is the husband and plaintiff No. 2, Gita Devi is the daughter of deceased Parwati Devi. It is further c

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