PADAN MALLIK Vs. SAKHIA BEWA

JUDGEMENT

(1.) The unsuccessful plaintiff No. 1 in both the courts below has preferred this appeal. Plaintiff No. 2 died during the pendency of the suit.

(2.) The following genealogical tree will show the relationship of the parties and the other relevant persons. Admittedly all the five sons of Srinibas, shown above, are dead. Dinabandhu, Bhubani, Nidhi and Sidha died before the coming into force of the Hindu Women's Rights to Property Act of 1937. Sudam died in 1948. Subasi and Sakhi are also dead. The suit property is the homestead property described in the plaint and recorded in Ext. 1.

(3.) The plaintiffs in the suit have asked for partition of their 4/5th share in the suit property. Their case, in a nutshell, is that prior to 1928 there was severance of the joint family status amongst the sons of Srinibas, and accordingly the widows of Dinabandhu, Nidhi and Sidha had each 1/5th share in the suit property. Jibana, by the registered sale deed Ext. 3 dated 12-1-1943, sold her 1/5th interest in the suit propetry in favour of the plaintiff no. 1. Thereafter Subasi and Sakhi transferred their 2/5th interest in the suit property in favour of the plaintiff no. 2 by the registered gift deed Ext. 2 dated 19-4-44, Accordingly with the plaintiffs own 1/5th share in the suit property, they have 4/5th share in the same. In the Record of Rights Ext. 1 prepared in the Current Settlement finally published in 1928 the names of Subasi and Sakhi stand recorded along with the plaintiff no. 1, Sidha and Sudam, which, according to the plaintiffs, is indicative of the fact that there was severance of the joint family status in that family before that settlement.