DULA DEI Vs. JADI BEWA

JUDGEMENT

(1.) DEFENDANTS 2, 5, 6 and 7 being purchasers from the original defendant No. 1 hara Dei are appellants. The suit out of which this appeal arises was filed by plaintiffs Jadi Bewa and Bhalu Dei for partition and recovery of possession from defendants of the plaintiffs respective 1/3rd share each in the circumstances hereinafter stated.

(2.) ONE Bhikari Malik was the original owner of the suit property. He is said to have died 25 or 26 years ago leaving him surviving three daughters, namely plaintiffs jadi Bewa, Bhalu Dei and defendant No. 1 Hara Dei. The plaintiffs' case is that during Bhikari's lifetime he got all his three daughters married. After Bhikari's death the three daughters are said to have divided the movables but not the immovables. The plaintiffs had been married at a place distant from the village while defendant No. 1 Hara Dei who was married near their village enjoyed the immovable properties. It is said that taking advantage of this position defendant No. 1 Hara Dei transferred to defendants 2 to 11 the properties by different sale-deed. On May 1, 1958 the plaintiffs filed the suit for partition.

(3.) THE defence to the plaintiffs' suit for partition is this: Bhikari died 30 years ago, that is about 1930 by when the two plaintiffs only were married, at the time of bhikari's death defendant No. 1 Hara Dei was unmarried. She as such unmarried daughter inherited the entire properties of her deceased father. Alternatively, it was pleaded in defence that defendant No. 1 Hara Dei and her alienees being in adverse possession for more than 12 years acquired title. During the pendency of the suit original defendant No. 1 Hara Dei died leaving her surviving her children including minors who were all substituted and made parties in the suit.