Advocates:
['BHAIYA V KUMAR', '', 'SHEO KUMAR SINGH', 'PRANABESH KR PAUL', 'LEENA MUKHERJEE']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

S.A. No.139 of 2016

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Nagdeo Singh S/o Late Sahdeo Singh R/o Village Kukahi, Tola Mir Bigha,

P.O. Kukahi, P.S. Hussainabad, Dist. Palamau.

…

Appellant

-versus-

1. Surajdeo Singh @ Babuni Singh S/o Late Sahdeo Singh R/o Village Kukahi,

Tola Mir Bigha, P.O. Kukahi, P.S. Hussainabad, Dist. Palamau.

2. Dharamdeo Singh S/o Late Sahdeo Singh

3. Chandradeo Singh S/o Late Sahdeo Singh

4. Krishnadeo Singh S/o Late Sahdeo Singh

All S/o Late Sahdeo Singh R/o Village Kukahi, Tola Mir Bigha, P.O. Kukahi,

P.S. Hussainabad, Dist. Palamau.

…

Respondents

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CORAM : HON’BLE MR. JUSTICE ANANDA SEN

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For the Appellant:

Mr. Sheo Kumar Singh, Advocate

For the Respondents: None

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6/ 07.07.2022

Heard learned counsel for the appellant. No one appears on

behalf of the respondents.

2.

Appellant has preferred this appeal against the judgment and

decree dated 30.11.2015 (decree signed on 15.12.2015) passed by the District

Judge V, Palamau at Daltonganj in Partition Appeal No.2 of 2006 by which

while dismissing the appeal the judgment and decree dated 28.11.2005

(decree signed on 15.12.2005) passed by the Sub Judge II, Palamau at

Daltonganj in Partition Suit No.77 of 2001 was affirmed.

3.

After hearing the counsel for the appellant, I have gone through

the impugned judgment and decree passed by both the Courts below. The

facts of the case, as gathered from the judgments of the Courts below, are

mentioned hereinafter.

4.

Respondent No.1, Surajdeo Singh, herein had instituted a

partition suit against the defendants, namely, Dharamdeo Singh, Nagdeo

Singh (appellant herein), Chandradeo Singh and Krishna Deo Singh, seeking

a preliminary decree for 1/5^th share in the suit land and for a separate takhta

for the same by appointing survey knowing commissioner and for a final

decree thereon. Partition suit was registered as Partition Suit No.77 of 2001. It

is the case of the plaintiff that Ramdhyan Singh, who was common ancestor of

the parties to the suit, died leaving behind three sons Hardewan Singh,

Sahdeo Singh and Baldeo Singh. Baldeo Singh died issueless. Hardewan

Singh died leaving behind his only son Nathun Singh whereas Sahdeo Singh

died leaving behind five sons, namely, Surajdeo Singh, Dharamdeo Singh,

-: 2 :-

Nagdeo Singh, Chandradeo Singh and Krishnadeo Singh, who are all parties

to the suit. Ramdhyan Singh was in possession of landed property in village

Kukahi, Tola Mirbigahi, P.S. Hussainabad, District Palamau. He died prior to

cadastral survey, hence, all his properties were inherited by his three sons.

During the cadastral survey and settlement operations, record of right was

prepared in their names under Khata No.127 of Village Kukahi, Tola Mirbigahi,

Khata No.127 was recorded under Khewat No.1 for which Khewatdar was

Saiyad Hasan Imam. As Baldeo Singh had died issueless, his 1/3^rd interest in

Khata No.127 was inherited by the remaining two brothers, namely, Hardewan

Singh and Sahdeo Singh. After the death of Hardewan Singh, his son Nathun

Singh inherited his share of interest in Khata No.127 and so far as share of

interest of Sahdeo Singh is concerned, after his death, the same was inherited

by his five sons, who are parties to the suit. It is the case of the plaintiff that a

partition by metes and bounds took place between Nathun Singh on the one

side and five sons of Sahdeo Singh on the other, through a registered deed of

partition bearing No.451 dated 16.02.1972. In terms of this partition a takhta

for ½ share was allotted to Nathun Singh and the other takhta for ½ share was

jointly allotted to the parties to the suit. It is the case of the plaintiff that out of

the income derived from the ancestral copartionery property and out of the

income of the members of the joint family, some landed properties were

purchased either in the name or names of one family member