KHUSAL MAJHI Vs. GURUVA MAJHI

JUDGEMENT

(1.) THE defendants appellants in a suit for partition are the appellants in this second appeal.

(2.) PLAINTIFF 's case is that suit 'B' schedule property is their joint family property in which they have got 1/4 share and that property was never partitioned among them but they are possessing separate portion of the property according to their convenience. Plaintiff's father Hariram Majhi was working as a 'Makardam' in the Railway Company and out of his own income he acquired some properties which are described in Schedule C of the plaint. Hariram died 13 to 14 years back leaving his minor sons plaintiffs 1 to 3 and the widow Plaintiff No. 4 Khusal Majhi, Defendant No. 1 was looking after the minor sons and widow of his late brother Hariram and taking advantage of such management, he got the note of possession in his favour in respect of certain properties mentioned in Schedule C in the current settlement. Those properties in respect of which note of possession has been made in favour of Defendant No. 1 have been described in Schedule D of the plaint. The properties in Schedule E of the plaint were the joint property of Defendant No. 1 and late hariram over which other defendants have no manner of right, title and interest. Plaintiffs claim 1/2 share from 'E' schedule property. The plaintiffs thus claim 14 share from 'B' schedule property, 1/2 share from 'E' schedule property and they claim to be exclusive owner of the properties described in Schedules C and D of the plaint. They have prayed for declaration of their title in respect of 'D' schedule property and confirmation of possession and in the alternative for recovery of possession in case they are found to have been dispossessed and consequently correction of records of right in respect of 'D' schedule property wherein note of possession has been made in the name of Defendant No. 1.

(3.) THE Learned Sub ordinate Judge framed the following issues :