MAHANI DAS Vs. BANSI DAS AND ANOTHER

JUDGEMENT

(1.) This is plaintiff's appeal against an affirming judgment in a suit for partition.

(2.) The case of the plaintiff was that Arta Das was the common ancestors of the parties. He had three sons, namely, Sana, Kanduri and Panu. Banshidhar is the son of Sana. Dulla Dei is the daughter of Kanduri. Plaintiff is the son of Panu. The suit lands were recorded in the C.S.R.O.R. jointly. After death of sons of Arta, the plaintiff and defendant nos.1 and 2 possessed the suit properties separately. There was no partition by metes and bounds. On 7.11965, the defendant no.2 sold her 1/3rd share from the homestead land including 21 gunths from her agricultural land to the plaintiff by means of a registered sale deed. In M.S.R.O.R., the name of the plaintiff had been wrongly recorded as son of Kanduri. The plaintiff is the son of Panu. He had claimed 2/3rd share of 'Ka' schedule land and 1/3rd share of 'Kha' schedule land and 21 gunths of land located at village Sundarpur.

(3.) Defendant no.1 entered contest and filed a written statement. The case of the defendant no.1 was that Panu died issueless. The plaintiff and defendant no.2 are the son and daughter of Kanduri. The sale deed dated 7.12.1965 is a sham transaction between the brother and sister. The entry in M.S.R.O.R. is correct.