CHAMELI DEVI Vs. MEWA

JUDGEMENT

(1.) THIS is a second appeal by the plaintiffs who filed suit No. 114 of 1963 for partition of the house specified in the plaint.

(2.) THE allegations in the plaint were that the disputed house was ancestral property of Ram Nath and Vishwa-nath who were sons of Har Nanuan Sahu. THE pedigree showing the relationship of the parties was also given in the plaint. It was alleged in the plaint that Vishwanath had separated from his brother Ram Nath and died on 15-9-56 and the share of Vishwanath in the disputed house devolved on the plaintiffs who were his wife, three daughters and two sons. Ram Nath sold the disputed house on 25-11-56 in favour of Mewa who was arrayed as defendant no. 1 in the suit. Mewa had demolished part of the disputed house and usurped its material causing a loss of Rs. 100/-to the plaintiffs. Ram Nath who sold the house having died, his son Radhe Mohan and widow Smt. Mahadei were also arrayed as defendants. THE pedigree given in the plaint was admitted by the defendants. THEy, however contended that Vishwanath remained as a member of Joint Hindu family governed by Mitakshara Law, and in the state of jointness Vishwanath had died, that Ram Nath was Karta of the joint family and in that capacity looked after the affairs of the family and the coparcenary property and executed sale deed of the disputed house for legal necessity, namely, for repaires of the house, marriage of Vishwanath's daughter Smt. Shakuntala, for the family business and for the maintenance of the family members.

(3.) SRI Rajendra Kumar and SRI M. C. Tewari, learned counsels have appeared in support of this appeal, and SRI Sankatha Rai, learned counsel has appeared for the respondents. The learned counsel of the parties have been heard at length.