SURYA DEI @ SAHU AND OTHERS Vs. LAXMI SAHU

JUDGEMENT

(1.) The defendants are the appellants against a reversing judgment in a suit for permanent injunction.

(2.) The case of the plaintiff-respondent is that she and the defendants are the members of a joint Hindu family governed under Hindu Mitakshara School of Law. The suit land is the ancestral joint family property. The same had not been partitioned by metes and bounds. On 5th April, 1990 the plaintiff demanded for partition of the suit land, but the defendants did not agree.

(3.) The defendants filed a joint written statement admitting the relationship between the parties. According to the defendants, the land of Padmanava was partitioned amongst his three sons. There was severance of joint family status. The plaintiff deserted her husband and resided in her parents' house. Her husband stayed with defendant no.4. The husband of the plaintiff executed a plain paper will bequeathing his share in favour of defendant no.4. Since then defendant no.4 is in possession of the share of the husband of the plaintiff.