BAMI BEWA Vs. KRUSHNA CHANDRA SWAMI ALIAS GOCHHAYAT

JUDGEMENT

(1.) Defendant No. 1 in Title Suit No. 18 of 1978 of the Court of Sub- Judge, Athagarh is the appellant as against a decree for partition granted by the said Court on the prayer of the plaintiff/respondent No. 1, vide the impugned judgment delivered on 9th August, 1979.

(2.) Landed properties described in Schedule A to E are the subject matter of dispute in the suit for partition. Schedule A property has been recorded in the name of Jairam Gochhayat, i.e. the adoptive father of the plaintiff and the defendant No. 1. The rest of the properties have been recorded in their names along with some other co-owners. The respective recorded tenants of Schedule C to E properties and their heirs figured as defendants 2 to 7 in the Court below. So far as the Schedule B property is concerned, one Nabin was a co-recorded tenant. Plaintiff did not add any person as the heir and successor of Nabin on the ground of non-availability of any such heir and therefore, claimed half of the said property to his share and the other half share to defendant No. 1 out of the Schedule B property.

(3.) According to the case of the plaintiff, he is the adopted son of Jairam Gochhayat and defendant No. 1 is the widow of the brother of said Jairam. His further case is that during the life time of Jairam and his wife Srimati, they lived jointly with defendant No. 1 and after their death also the property remained joint between himself and defendant No. 1, and since defendant No. 1 has attempted to dispossess him from the suit property, therefore he filed the suit for partition.