BALMAKUNDA SINGH RAI Vs. CHITRABHANU SINGH RAI

JUDGEMENT

(1.) PLAINTIFFS are the petitioners. The only point for consideration in this revision relates to the appropriate provision of the Court-fees Act which will govern the plaintiff's suit for purposes of court-fees and jurisdiction.

(2.) THE suit was filed with the following prayers : (a) Properties described in Sch. A at the foot of the plaint be divided into two equal shares after declaration that the plaintiffs are entitled to half share out of the suit properties and the same be allotted to the plaintiffs; and (b) portion of the suit properties, if any, transferred by defendants without legal necessity be allotted to their share. A genealogy of the family is given in the plaint showing that plaintiffs represent one branch and defendants another branch of the joint family descended from the common ancestor Sadananda Singh Ray. THE suit properties, it is alleged appertained to the zamindari and thikadari interest belonging to the joint family, but the said interest being impartible in character it devolved only on one heir, though the ancestral and joint character of the property was never lost. In a previous suit filed by plaintiff No. 1, though his claim for partition was negatived on the ground that the zamindari was impartible, maintenance at the rate of Rs. 125/- a month out of the estate was decreed in his favour as a member of the joint family. After abolition of the zamindari in 1952 and thikadari interest in 1954, the character of impartibility came to an end, and as such, plaintiffs became entitled to partition and allotment of their share of bhogra lands which were converted into raiyati.