JHANGLOO Vs. TULARAM

JUDGEMENT

(1.) This is defendants' appeal against the judgment and decree (preliminary) passed against them in Civil Suit No.19-A/80 of the Court of District Judge, Raipur, dt.1-4-1982, for partition and possession of half share in the agricultural lands, houses, thrashing-floor and wells, for payment of mesne profits, - past and future - and also for partition of the movable property.

(2.) The plaintiffs alleged that one Ananda Sahu was the ancestor who left behind him three sons - Ramcharan, Shivsingh and Swarupsing. Ramcharan's only son Manglu, the original plaintiff, died during the pendency of the suit. The present plaintiffs-respondents are the legal representatives of the said Manglu. Shivsingh died in the year 1948 and his widow, I in the year 1970. The defendants are the sons, grandsons and daughters-in-law of Shivsingh. Swarupsingh or his heirs have not been impleaded in the suit as it is alleged that he I had separated about 75 years ago and had no claim in the ancestral property thereafter.

(3.) The case as pleaded by the plaintiff is that Ramcharan and Shivsingh remained joint on separation of Swarupsingh. Manglu, a minor, on the death of his father Ramcharan, was left to the care of his widowed mother who was taken by Shivsingh as his wife. He, therefore, lived with his widowed mother Suniyabai and Shivsingh. Out of the ancestral property in their hands, agricultural lands in villages Sale Bhata and Tendukona were acquired. About 35 years prior to the filing of the suit, there was an arrangement in the family by virtue of which 4 acres of land of village Banskanta and 12 acres of land as well as a house at village Kumhari Muda were I given to the plaintiff Manglu for his subsistence. Those lands were mutated in his name in the revenue records on 9-12-1972. Manglu was beaten by the defendants and was ousted from the house and lands which were given to him under the family arrangement. He, therefore, filed a suit for partition and separate possession of his share being half in the property shown in Schedules A to D filed with Use plaint and claimed mesne profits at the rate of Rs. 15,000/-per year for 3 years next before the date of filing the suit. Mesne profits pendente lite and share in the moveable property were also claimed.