IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.337 of 1988

Against the judgment and decree dated 21.05.1988 passed by Subordinate

Judge-VI, Patna in Title Suit No.39 of 1973/130 of 1983.

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Ram Ratan Lal & Anr

.... .... Defendant nos.1 and 2-Appellants

Versus

Mahendra Prasad & Ors

.... .... Plaintiffs-Respondents

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Appearance :

For the appellants : Mr. Chitranjan Sinha, Sr. Advocate.

Mr. Radha Mohan Pandey, Advocate.

Mr. Jitendra Kishore Verma, Advocate.

Mr. Anjani Kumar, Advocate.

For respondent no.1 : Mr. T.N. Maitin, Sr. Advocate.

Mr. Abhay Kumar Thakur, Advocate.

For respondent no.7 : Mr. Bhanu Pratap Singh, Advocate.

Mr. Jharkhandi Upadhyay, Advocate.

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CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO

C.A.V. JUDGMENT

Date: 09-09-2014

The defendant nos.1 and 2 have filed this first appeal

against the judgment and decree dated 21.05.1988 passed by the

learned Subordinate Judge-VI, Patna in Title Suit No.39 of

1973/130 of 1983 whereby the court below decreed the plaintiff-

respondent no.1?s suit for partition to the extent of 1/3^rd share.

2. The plaintiff-respondent no.1 filed the aforesaid suit

claiming 1/3^rd share in the suit property alleging that one Mewa Lal

had four sons and one daughter, namely, Ram Narayan Lal, Shyam

Lal, Radhe Krishna Lal and Basudeo Lal. The name of the daughter

was Smt. Janak Kishori Devi. The original plaintiff no.1 Rajmati

Patna High Court FA No.337 of 1988 dt.09-09-2014

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was the widow of Ram Narayan Lal and plaintiff no.2 is the son of

Ram Narayan Lal. The plaintiff no.1 died. The branch of Shyam Lal

became extinct on the death of his daughter Sona Yadav @ Devi,

who was defendant no.5. The branch of Radhe Krishna Lal also

became extinct on the death of his widow and daughter prior to

institution of the suit. The fourth son died leaving behind his two

sons, Ram Ratan Lal and Manohar Lal, who are defendant nos.1 and

2-apepllants and two daughters, namely, Sushila Devi (defendant

no.3) and Kanti Devi(defendant no.4-respondent no.7 herein). The

daughter of Mewa Lal, Smt. Janak Kishori Devi was married with

defendant no.6 and Janak Kishori Devi was defendant no.7. On the

death of defendant no.7, her heirs have been substituted. According

to the plaintiff, Ram Narayan Lal died in jointness with the plaintiffs

and defendant nos.1 to 5 on 28.08.1971. Shyam Lal died on

31.05.1970. Radhe Krishna Lal died on 23.06.1952. Basudeo Lal

died on 16.10.1971. Janak Kishori Devi, the daughter of Mewa Lal

is not entitled to any share in the property of Mewa Lal as Mewa Lal

died 23-24 years ago. The plaintiffs-defendant nos.1 to 5 are the

members of the joint family wherein the defendant no.1 is the Karta.

On the death of Ram Narayan Lal, the defendant no.1, the Karta,

refused to give share and even to maintain the plaintiffs. The

plaintiffs have got 1/3^rd share, the original defendant no.5 has got

Patna High Court FA No.337 of 1988 dt.09-09-2014

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1/3^rd share and 1/3^rd share belonged to defendant nos.1 to 4.

3. The defendant nos.1 and 2-appellants filed contesting

written statement. The defendant no.5 supported the plaintiffs? case

and prayed for separate allotment of her 1/3^rd share. The defendant

nos.6 and 7 also filed contesting written statement. According to the

defendant no.5, the defendant nos.6 and 7 have no right, title and

interest or possession over the suit property. The Bajidawa dated

24.05.1972 alleged to have been executed by her in favour of

defendant no.7 is fraudulent, inoperative, invalid and illegal and no

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