JAGNOO THANWAR SAHU Vs. RAMESHWAR NARAYAN SINGH

JUDGEMENT

(1.) EIGHT Second Appeals Nos. 417 (Jagnoo v. Rameshwar narayan Singh and three others), 418 (Tikaram and another v. Rameshwar narayan Singh and another ). 419 (Govind v. Rameshwar Narayan Singh and another), 420 (Motilal and others v. Rameshwar Narayan Singh and others), 510 (Rameshwar Narayan Singh v. Uraj Singh and others), 511 (Rameshwar narayan Singh v. Uraj Singh and another), 512 (Rameshwar Narayan Singh v. Uraj Singh and two others), and 513 (Rameshwar Narayan Singh v. Uraj Singh and others)-all of 1972, (four by the plaintiff and four by the defendants) are being disposed of by this common judgment.

(2.) TO state the facts briefly, Hirderam had seven sons, five from the first wife and two from the second. In or about 1947, he brought about a partition. The five sons from the first wife were given a share in one lot proportionate to their interest and Hirderam and his two sons from the second wife retained another lot proportionate to their share. We are concerned with the lands which had fallen to the share of Hirderam and his two sons from the second wife. The two sons are Rameshwar Narayan Singh (the plaintiff) and Uraj Singh (the defendant ). At the time of partition, in 1947, both the brothers were minors. The father and the two sons lived together under the same roof. Hirderam, so long he was alive, (he died in the year 1957) managed the lands. After his death, Uraj Singh managed the affairs. Rameshwar Narayan Singh was still a minor. He was born on 1-2-1944 and attained majority on 31-1-1962. Uraj Singh looked after his younger brother, got him educated and married. In the partition of the year 1947 the lands which fell in the lot of Hirderam and his two sons from the second wife, were not divided by metes and bounds. In 1950, Hirderam transferred his undivided share to the two sons. Obviously, the motive was that the sons from the first wife should be excluded from inheritance.

(3.) IN the year 1968, the two brothers separated Rameshwar Narayan singh was not satisfied with the share allotted. He felt that Uraj Singh had retained for himself better lands. The two brothers then exchanged their lots and Ex. D-3, a registered partition deed dated 17-1-1969, was drawn up. The two brothers are now in separate possession of lands as per this document.