PUNA PAITALA Vs. SUDARSAN PAITAL

JUDGEMENT

(1.) THIS appeal filed by defendants arises out of a suit filed by the plaintiff for partition. The suit property consists of three plots namely, 1210 (Bari land) 19 decimals, 1211 (home stead Ghara) 2 decimals and plot No. 1212 (Gahira) 3 decimals--the total area being 24 dec.

(2.) ONE Laxman Pattal had 2 sons Basi and Sunakar. Basil's son was Bauri and plaintiff Sudarsan is the son of Bauri. Thus plaintiff represents Basil's branch of family. Suna's son was Banchhanidhi; defdts 1 and 2 are the sons of banchhanidhi. Thus defendants 1 and 2--Panu and Bishnu respectively represent suna's branch of family.

(3.) THE plaintiff's case is that two branches of Basu and Suna were joint; after the death of Basu's son Bauri, Suna's son Banchhanidhi became the karta of the family. In 1932, out of plot No. 1210, 8 decimals were sold by both the branches to two different persons namely Kumar Sahu and Gajendra Sahu who are not parties in the suit. In 1937, Banchhanidhi sold by Ext. 1, 6 decimals for Rs. 12 out of the entire three plots to one Sk. Gafur. Sk. Gafur is said to have sold the said G dec. to one Abdul Rahman. In 1950, defendant No. 1 purchased the said G decimals from Abdul Rahman by a registered sale deed Ext. 2. In 1961, the plaintiff filed the suit for partition claiming half share in the entire suit properties except 8 decimals sold to the Sahus that is to say the plaintiff claimed half of the remaining 16 dec. of the suit properties.