CHENGTI BAI Vs. SHIV RATAN

JUDGEMENT

(1.) Heard.

(2.) The appellant/plaintiff filed a suit seeking declaration of title, partition and separate possession on the pleadings, inter alia, that the property comprised in different schedule A, B & C of the plaint, belonging to the father of the plaintiff, after his death, devolved upon the plaintiff and defendant sister, in all being six in number, as the successor in interest of deceased Dhansay. It was stated in the plaint that as Dhansay had daughters and no sons, in order to protect the property for being grabbed by other male members in the family of their cousin, various documents were prepared, however, the parties never intended to dispose off the property by various deeds in favour of any particular member in the family but it was intended to remain joint. The plaintiff's prayer was that the plaintiff be declared entitled to 1/6th share in the property comprised in schedule B & C and it be also partitioned and separate possession be granted.

(3.) Out of defendant sisters of the plaintiff, except Duggibai, all other defendant sisters admitted the claim of the plaintiff. However, Duggibai did not accept plaintiff's claim and came out with the plea of succeeding to different parts of the property, claimed in the plaint, as belonging to her. In respect of the property comprised in Schedule-C, defendant Duggibai came out with the plea that she succeeded to that property to the exclusion of all other sisters including plaintiff because by way of Will dated 20.11.1980, that property was bequeathed in her favour by her father. Plea was also taken that the plaintiff's suit was otherwise barred by limitation.