GANGAJAL KUNWAR Vs. SARJU PANDEY

JUDGEMENT

(1.) The present appeal is directed against the judgment and order of the High Court dated 23rd September, 1987 in first appeal where the High Court set aside the trial Court judgment by which plaintiffs-respondents' suit was dismissed.

(2.) In order to appreciate the controversy we are herewith giving certain essential facts. The plaintiffs-respondents' case is, both parties devolve from common ancestor, namely, Pandey Kishan Ram. The genealogical table is reproduced below to understand the relationship between the parties.

(3.) The plaintiffs' case is, both parties are joint and jointly cultivating the suit land hence suit for partition by metes and bounds. Because of denial of such right by the principal defendant (Defendant No. 1) who is appellant before us, the present suit is filed. The suit property devolved from the ancestral is not in dispute. In the year 1930 according to principal defendant, partition took place giving 1/3rd share each to the aforesaid three branches shown in the genealogy. Thus as per the partition, Pandey Lallu Ram of the first branch got 1/3rd share, Bansi Ram Pandey and Gopi Ram Pandey of the second branch got separate takhta of their 1/3rd share while Pandey Sukdeo of the third branch got 1/3rd with Rajwanti Kuer as maintenance holder.