RAMSARIKH TIWARI Vs. RAMNARAYAN TIWARI

JUDGEMENT

(1.) This appeal is directed against impugned judgment and decree dtd. 17/07/2003 passed in Civil Appeal No.54-A/02 by Additional District Judge, Link Court, Ramanujganj, District - Sarguja whereby the plaintiff's appeal has been partly allowed and his claim of declaration of title, partition and separate possession in respect of land comprised in schedule-D appended to the plaint has also been allowed but plaintiff's claim of declaration that the property comprised in schedule - B and schedule - C devolved by way of succession and entitles the plaintiff to share upon partition and separate possession has been rejected.

(2.) Plaintiff - Ramsarikh Tiwari and defendant No.1 - Ramnarayan Tiwari were brothers. Defendant No.2 - Chhohada Devi is the widow of Vidya Tiwari, 3rd brother of plaintiff and defendant No.1. Plaintiff - Ramsarikh, defendant - Ramnarayan and deceased brother - Vidya Tiwari were all sons of one Rampyare. Rampyare had a brother - Ramdulare, who had only one son, Parsuram. Parsuram was married to Rukhmani. Parsuram died and thereafter, his wife Rukhmani also died. They were issueless. The aforesaid facts have not been disputed by the parties.

(3.) The appellant / plaintiff filed a suit seeking declaration that plaintiff's title to the extent of his share in respect of the properties described in schedule - A, B, C and D be declared and upon partition, separate possession of share to which, he is entitled and has claimed, be also granted. The plaintiff's claim in the suit was based on pleadings inter alia that the father of plaintiff and defendant No.1 and deceased brother Vidya Tiwari namely Rampyare was 'gautiya' of village - Jamwantpur and possessed of 'manwar' land in that capacity. The lands were situated in village under 'Sarguja' princely State. Further pleading was that 22.35 acres of agricultural land was recorded in the name of their father Rampyare and after his death, names of parties, the plaintiff, defendant No.1 and defendant No.2 were mutated and recorded, which is described in schedule -A.