IN THE HIGH COURT OF JUDICATURE AT PATNA SECOND APPEAL No.529 of 2016 ======================================================

Kaushlendra @ Indradeo Prasad, Son of Late Chhotu Mahto, Resident of Village-Gaurav Nagar, P.S. Parwalpur, District- Nalanda.

... ... Appellant/s Versus

1. Ram Payari Kumari, W/o Chandeshwar Prasad, Resident of Village Dharampur, P.S. Hilsa, District -Nalanda.

2. Urmila Kuamri Wife of Krishna Prasad, Resident of Village Chhotiaut, P.S.

Nalanda District -Nalanda.

3. Raj Kumari Devi, W/o Birmani Prasad, Resident of Village Gaura Par, P.S.

Chandi District -Nalanda.

4. Sunaina Devi, W/o Sidheshwar Prasad, Resident of Village Janaraw, P.S.

Silao, District - Nalanda.

5. Manju Kuamri, W/o Anil Kumar, Resident of Village Dariyapur, P.S. Chandi District-Nalanda at present Shakuntala Niwas Mohalla M Lakshmanpur, Kwyari Tola, Shershar Road, P.S. Sultanganj, District Patna.

6. Most. Sakuntala Kumari, W/o Sidheshwar Prasad, Resident of Sakuntala Niwas Mohalla M. Lakshman Pur Ekyari Tola, Shershad Road, P.S.

Sultanganj, District -Patna, Patna 7.

7. Raj Lakshmi, D/o late Sidheshwar Prasad, Resident of Sakuntala Niwas Mohalla M. Lakshman Pur Ekyari Tola, Shershad Road, P.S. Sultanganj, District -Patna, Patna 7.

8. Pappu Kumar, (Minor) Son of late Sidheshwar Prasad, Under the guardianship of their mother Sakuntala, Resident of Sakuntala Niwas Mohalla M. Lakshman Pur Ekyari Tola, Shershad Road, P.S. Sultanganj, District Patna, Patna 7.

9. Guddu Kumar, (Minor) Son of Late Sudheshwar Prasad, Under the guardianship of their mother Sakuntala, Resident of Sakuntala Niwas Mohalla M. Lakshman Pur Ekyari Tola, Shershad Road, P.S. Sultanganj, District -Patna, Patna 7.

10. Smt. Shyama Devi, Wife of Late Jageshwar Prasad, Resident of Village Alipur P.S. Hilsa, District- Nalanda.

... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Rohitashwa Kumar, Advocate Mr. Sanjay Sinha, Advocate For the Respondent/s :

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA CAV ORDER

11 11-03-2026 Heard learned counsel for the appellants.

2. This Second Appeal has been preferred against the judgment and decree dated 23.06.2016 passed by the Learned Additional District Judge-Ist, Nalanda at Biharsharif, in Title Appeal No. 64 of 2006 whereby the lower Appellate Court reversed the judgment and decree dated 23.07.1998 passed by the learned Sub-Judge-II, Hilsa, Nalanda in Title Suit No. 21 of

1991.

3. The appellant herein was the defendant before the learned Trial Court and the respondents herein, were the plaintiffs in Title Suit No. 21 of 1991. The plaintiffs- respondents-1st set filed Title Suit (Partition) for partition of their half share in the suit property and for carving out the aforesaid share by appointing a survey knowing Pleader Commissioner.

4. In order to determine the matter in its perspective, it is necessary to briefly re-state the case of the parties.

5. The defendant-appellant, (the plaintiffs-

respondents-1st set) and defendants-respondents-2nd set are the descendants of the common ancestor, namely, Kewal Mahto and are related to each other. The genealogy has been admitted by both the sides. It is also admitted fact that Chhotu Mahto, Srichand Mahto and Ganauri Mahto were full brothers; all being the sons of Kewal Mahto. It is also admitted fact that Ganauri Mahto died unmarried in the year 1982.

6. The case of the plaintiffs is with regard to partition between the three brothers, which took place in the year 1987 only for the sake of convenience in cultivation of the land. After the death of one co-sharer Late Ganauri Mahto, in the state of jointness, his property was inherited by Chhotu Mahto and Srichand Mahto jointly. The chakbandi khatiyan was prepared in the joint name of Chhotu Mahto, Srichand Mahto and Ganauri Mahto. It is further pleaded that after the death of Ganauri Mahto some problems and difficulties were being felt to run the joint family an