SUSHILA DEVI Vs. BALARAM

JUDGEMENT

(1.) This appeal is by the plaintiffs, which was admitted by a Bench of this Court on the following substantial question of law :-

(2.) Facts leading to filing of the appeal briefly stated are that the plaintiff No.2 is the grand-daughter of defendant No.1. The Defendants No.2 and 3 are brothers of defendant No.1, whereas the defendants No.4 to 11 are uncles of defendant No.1. The plaintiff No.1 got married at the age of 10 years with one Jamuna Prasad in the year 1977. After death of Jamuna Prasad, she got married to Krishna Kumar son of defendant No.1 on 20th May, 1980. Out of the said wedlock, plaintiff No.2 was born. Krishna Kumar expired some time in the year 1984. It was pleaded in the plaint that the defendant No.1 is the owner of the suit property mentioned in schedule A to C in which Krishna Kumar had 1/4th share. It was further pleaded that plaintiffs and defendants were members of joint family. However, after death of Krishna Kumar, plaintiffs were thrown out of the house. The plaintiffs thereafter filed a suit seeking the relief of declaration that they are entitled to 1/4th share in the suit land and for possession.

(3.) The defendants No.1 to 8 and defendants No.9 and 11 filed written statement, in which inter-alia it was denied that the plaintiff No.1 was neither wife of Krishna Kumar nor plaintiff No.2 is daughter of Krishna Kumar, and the plaintiffs are not members of the joint family. An objection with regard to maintainability of the suit was also taken on the ground that since there is no partition among the defendants, therefore the claim of the plaintiffs is untenable. It was also pointed that one Amravati was wife of Krishna Kumar and suit land is self acquired property of Krishna Kumar.