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1972 Supreme(Pat) 223

S.ANWAR AHMAD
Bikal Chandra Gope – Appellant
Versus
Manjura Gowalin – Respondent


Judgment

S.Anwar Ahmad, J.

1. The appellants before this Court are defendants Nos. 2 and 3 to a suit for partition. The plaintiff-respondent claimed one-third share in the lands situate in village Nagatumang, P. S. Rajnagar, district Singhbhum, appertaining to old Khata No. 23, and now Khata No. 33, fully described in Schedule A to the plaintiff.

2. The case of the plaintiff-respondent was that Rajendra, Mahendra and Madhu were three brothers and they held the suit lands, jointly as their raiyati lands. On the death of Rajendra, his share devolved upon his two sons, the appellants. On the death of Mahendra, his one-third share came in possession of his widow Ghasu Gowalin, mother of the Plaintiff-respondent. Ghasu Gowalin died about six years after the death of her husband, leaving the plaintiff-respondent as her only heir. Since then, the plaintiff-respondent has been coming in possession of the one-third share of her father Mahendra. The third brother Madhu (original defendant No. 1) died during the pendency of the suit and his heirs have been substituted as defendants Nos. 1 (a) to 1 (d). The suit was mainly contested by defendants Nos. 2 and 3, appellants before this Court. Acco













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