MANIA BARIK Vs. SUKI BEWA

JUDGEMENT

(1.) THE plaintiff filed the suit for partition of 'Kha' schedule property into three equal shares and allotment of one such share in her favour and delivery of possession of her share and declaration of her exclusive right over the 'Ga' schedule properties and for further declaration that the sale deed executed in favour of defendants 6 and 7 dated 30 -7 -1958 is not binding on her as the vendor of that sale deed purporting to sell the same as son of Bhaban, her husband, is actually is not his son. She claimed relief of permanent injunction against the defendant 3 from realising rent from tenants on 'Ga' schedule Properties.

(2.) THE genealogy set up in the 'Ka' schedule to the plaint is extracted below, to show the relationship of the parties. Banamali Barik | - | | | Ananda Barik Bhagaban Bhaban Barik (died in 1941) | Barik =Sukhi Bewa (Plff.) | | | | Gopal Barik (D.1) Govind Barik | (died) | - | | | | Rama Barik Mania Barik D.3 Satrughan Barik Krishna Barik (died)

(3.) BOTH the Courts have found concurrently that the plaintiff is widow of Bhaban but defendant 3 is not his adopted son. Thus, defendant 3 has accepted the case of the plaintiff that 'Ga' schedule is the self -acquired property of Bhaban though originally in the written statement he alleged that 'Ga' schedule is the Joint family property. Therefore, for the purpose of this Second Appeal findings of fact which must be held final are that (a) plaintiff is wife of Bhaban (b) defendant 3 is not the adopted son of Bhaban and (c) 'Ga' schedule property is the self -acquired property of Bhaban. In view of these findings the plaintiff is bound to succeed.