SANTOSHI BAI W/O KAPIL CHANDRAVANSHI Vs. KHORBAHARA

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this plaintiff's second appeal is as under:­

(2.) The plaintiff is daughter of Shyamal and grand­ daughter of Khorbahra, whereas defendant No.1 is Khorbahara, Son of Bhikham, defendants No.2 to 4 are sons of defendant No.1­Khorbahra and defendant No.5 is wife of Khorbahra. The plaintiff filed a suit that her father Shyamlal has already died and the suit property shown in Schedule 'A' of the plaint i.e. total 32.29 acres is the property of Khorbahra, out of which 17.57 acres of land was inherited by defendant No.1 by his father Bhikham and from earnings of said land defendant No.1 purchased 14.51 acres of land in his name and 11.86 acres of land in the names of his sons along with his name and on 3.8.1998 defendant No.1 partitioned the suit land without including the plaintiff, which necessitated the filing of the suit for declaration of title and partition.

(3.) Defendants No.1 to 5 filed their joint written statement and denied the averments made in the plaint stating inter­alia that only 17.57 acres of land is ancestral property, whereas defendant No.1 has purchased 14.51 acres of land from the business which he as doing and 11.86 acres of land was purchased by defendant No.2 to 4 from the money received from maternal uncle. Only 17.57 acres of land is ancestral property and out of which, 1.09 acres of land is already kept for the plaintiff, as such, the suit deserves to be dismissed.