DOMI BEWA Vs. JOGI DAS

JUDGEMENT

(1.) THIS appeal is by the plaintiffs. It arises out of a suit for partition in which the plaintiffs claimed -/8/- interest in 'Kha' schedule properties, and -/5/4 pies in 'Ga' and 'Gha' schedule properties. The trial Court dismissed the suit for partition except with regard to lot No. 8 of 'Ga' schedule properties in which plaintiffs were allotted -/8/- share.

(2.) THE plaintiffs set put a genealogy in their plaint to indicate the relationship between the defendants and themselves. That genealogy is as follows : According to their case, as will be seen from the genealogy, defendant 2 is the son of Subasi, who is sister of Banambar. Defendants 4 and 5 are natural born sons and defendant 6 is the wife of defendant No. 2. Defendant 3 who is the natural born son of Akrura is shown as adopted son of defendant No. 2. According to them 'Kha' schedule property is the ancestral property of the family. Banambar, father of Akrura and Nityananda, father of defendant 1 died one after another in a state of jointness. Upon their death, defendant 1 and Akrura being young and thus unable to look after the properties, defendant 2. sister's son of Banambar managed the property of the joint family and its affairs. Subsequently defendant 1 and Akrura with the active help and assistance of defendant 2 acquired the properties in 'Ga' schedule. 'Gha' schedule properties are the joint family movable properties. On account of the past help rendered by defendant 2 to the family of the plaintiffs and defendant 1, the plaintiffs have conceded 1/3rd share in 'Ga' and 'Gha' schedule properties to defendant 2 and his descendants. Thus the plaintiffs claimed -/8/- interest in; 'Kha' schedule properties as against defendant 1 and 1/3rd interest in 'A' and; 'Gha' schedule properties. This, in short, is the plaintiff's case.