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MUNGESHWAR SAHOO
Lachhmini Devi – Appellant
Versus
Raj Kumar Prasad – Respondent
Mungeshwar Sahoo, J. —The plaintiffs have filed this Second Appeal against the judgment and decree dated 30.09.2003 passed by the learned 3rd Additional District Judge, Nawadah in Title Appeal No.15 of 1989/4 of 2003 whereby the Lower Appellate Court allowed the appeal and thereby reversed the trial court judgment and decree dated 17.03.1989 passed by the Additional Munsif, Nawadah in Title Suit No.32 of 1976/18 of 1989 dismissing the plaintiff’s suit.
2. The plaintiffs-appellants filed the aforesaid suit for partition of the suit property to the extent of half share. The plaintiffs claimed the aforesaid relief of partition to the extent of half share alleging that Pran Mahto was the common ancestor of the parties who died leaving behind 3 sons namely Rajnath Mahto, Ramo Mahto and Govind Mahto. After the death of Pran Mahto, three sons came in possession of the suit property. Rajnath Mahto and his wife died issueless, therefore, Ramo Mahto and Govind Mahto came in possession jointly over the entire suit property by the rule of survivorship. Both the brothers separated in mess and dwelling house and partitioned their movable properties half and half but remained in joint
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