CHANDRA BHAL MISRA Vs. SHANKAR SARAN MISRA

JUDGEMENT

(1.) S. K. Singh, J. This Second Appeal is by the plaintiffs against the judgment and decree passed by the Munsif, Bansi dated 12-11-1969 which was confirmed in appeal by the first appellate Court by its judgment dated 6-5- 1972.

(2.) PLAINTIFFS-appellants filed Original Suit No. 66 of 1967 against the defendants claiming 2/3rd share in the suit property. A pedigree was given in the plaint about which there happens to be no dispute, which for the convenience is being reproduced :

(3.) ON the aforesaid pleadings suit proceeded and following issues were framed: "1. Whether Ram Sewak died in a state of separation in 1932-33 as alleged and did her widow inherit by share in the property? 2. What is the share of the plaintiffs in the suit property ? 3. Whether the gift deeds executed by Smt. Jagwanta in favour of the plaintiffs is invalid for the reasons given in the W S of the defendants 1 and 2 ? If so can the defendants assail the gift deeds now ? 4. Whether shikmi plot No. 7 and plot No. 183 are bhumidhari land and are not liable to be partitioned in the suit. ? 5. Whether the suit is within time ?