BHAGWAN DAS Vs. MALIA

JUDGEMENT

(1.) -Heard Shri Sankatha Rai, learned counsel for the appellant and Shri Vishnu Kumar Singh holding brief of Shri R. N. Singh for the respondents.

(2.) THIS second appeal arises out of O.S. No. 342 of 1971 for partition of house No. 8/249 situated in Mohalla Khajuri (Pandeypur) district, Varanasi. The suit was decreed on 6.3.1975 for partition of 1/4th share in the house with costs. The Civil Appeal No. 463 of 1975 against the judgment and decree dated 6.3.1975 filed by Bhagwan Das was dismissed. The appellate court by its judgment dated 22.7.1976 also made defendant No. 3 Mangala and defendant No. 1 Bhudeo Narain Singh entitled for separation of their share on payment of court fees. Defendant No. 3 was found entitled to 1/8 share and defendant No. 1 to 1/2 share in the house. Remaining 1/8 share was directed to go to defendant No. 4 Bhagwan Das. A preliminary decree was directed to be prepared by the trial court and the decree of the trial court was modified to that extent.

(3.) I have gone through the judgments of the submissions raised by Shri Sankatha Rai.