RAM NATH SAO @ RAM NATH SAHU SINCE DECEASED THR. L.RS. & ORS. Vs. GOBERDHAN SAO SINCE DECEASED THR. LRS. & ORS.

JUDGEMENT

(1.) The appellants are the defendants in a partition suit filed by the respondents, as plaintiffs, seeking partition of various properties specifically mentioned in Schedule 'B' and Schedule 'C' of the plaint.

(2.) At the outset, the following genealogical table is being set out to enable a clear and easy understanding of the facts and the findings with regard to the entitlement of the parties that would be arrived at in the course of the deliberations that follow. <IMG>JUDGEMENT_5_LAWS(SC)4_2017.jpg</IMG>

(3.) The case of the respondents plaintiffs is that Fuchan Mahto (died in 1940), the common ancestor of the parties had a son Muthu Sao who died in the year 1961. Mithu Sao had two wives, namely, Temni (1st wife) and Bilaso Devi (2nd wife). At the time of the filing of the suit for partition Temni (1st wife) was no more. The defendants in the suit Ramnath, Kashinath Buchwa are the sons and daughter of Mithu Sao and Temni (1st wife) whereas the plaintiffs Govardhan, Jagdish, Baldeo and Sarita are the sons and daughter of Mithu Sao and Bilaso Devi (2nd wife), who is a co-plaintiff.