JUTHEL SAHU Vs. JAGJEEVAN SAHU

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in these second appeals preferred by plaintiff is as under-

(2.) The imperative facts required for determination of above-stated substantial questions of law are as under: [For the sake of convenience, the parties would be referred hereinafter as per their status shown in the suit, before the trial Court]

(3.) The Trial Court, upon appreciation of oral and documentary evidence available on record, adjudicated the claim of the defendants No. 1(a) to 1(f) as projected in the counter claim and held that there is no previous partition of the subject suit property ; and the provisions of Hindu Succession Act as amended on 09.09.2015 would not be applicable; and the subject suit property is to be partitioned under Rule 2 of Sec. 10 of the Act, 1956 and, thereby, applying Sec. 8 of the Hindu Succession Act, that seven daughters and two sons - plaintiff & defendant No. 3, each one of them would be entitled for l/9th share in the subject suit property and decreed the suit accordingly.