GOURI MEHER Vs. TAPISA MEHER

JUDGEMENT

(1.) DEFENDANT No. 3 is the appellant before this Court against the judgment and decree dated 26th August, 1985 and 4th September, 1985 respectively passed by the learned Sub -ordinate Judge, Padampur in Title Suit No. 40/12 of 1981 -84.

(2.) THE case of the plaintiff -Respondent No. 1 is that one Sridhar had two sons namely, Duguru and Ganthia. Plaintiff is the only daughter of Duguru and Defendants 1 and 2 are the widow and son of Ganthia respectively. After death of Sridhar, both the brothers mutually separated in mess as well as in cultivation even though there was no partition by metes and bounds. The 'Ka' and 'Kha' schedule properties are the ancestral properties inherited by both the brothers and in due course Duguru purchased 'Ga' and 'Gha' schedule properties of his own. It is further case of the plaintiff that Ganthia and after him, his son Defendant No. 2 also purchased lands out of their own income. Duguru died in the year 1980. After death of Duguru, Defendant No. 3 claiming herself to be the widow of Duguru colluded with other defendants and tried to take away the properties of the father of the plaintiff. On these allegations the plaintiff filed the suit for partition of 'Ka' and 'Kha' schedule properties claiming 1/2 share and for declaration of her title over 'Ga' and 'Gha' schedule properties being self acquired properties of Duguru and for recovery of possession. In the alternative the plaintiff also prayed that in the event the Defendant No. 3 is found to be the widow of Duguru, she is entitled to 1/4th share in 'Ka' and 'Kha' schedule properties and 1/2 share in 'Ga' and 'Gha' schedule properties.

(3.) ON the basis of pleadings of the parties as stated above, the Trial Court framed seven issues and passed a preliminary decree declaring that plaintiff has 1/2 share in 'Ka, 'Kha' and 'Gha' schedule properties and the Defendants 1 and 2 have other half share. The Trial Court also declared that the plaintiff is exclusive owner of 'Ga' schedule property. So far as prayer for partition of 'Una' schedule property is concerned, the prayer was turned down.