MUCHU MUNDA AND ANOTHER Vs. DASARATH MUNDA

JUDGEMENT

(1.) Defendants are the appellants against a reversing judgment.

(2.) Plaintiff-Respondent instituted the suit for partition. The following genealogy would show the relationship of the parties.

(3.) The defendants filed written statement stating inter alia that Tura, father of the plaintiff, was adopted by one Goutam. After adoption of Tura, Goutam was blessed with a son. Thereafter, Goutam gave four acres of land to Tura on 15.2.30. The land was recorded in the name of Tura. In 1931-32, the father of defendant no.1 gave three acres of land to Tura after partition of the property. Since then, Lengda and Tura remained in separate possession of their respective shares. In 1942, Tura again claimed the entire Jamduli land which was possessed by the plaintiff and defendant no.1. The matter was compromised. The entire Jamduli land was allotted to Tura by means of an agreement dated 24.4.42. In the said agreement, plaintiff's father acknowledged previous partition during life time of Ganga. After death of Tura, the plaintiff succeeded to the properties. Plaintiff is not a member of the joint family. Plaintiff and defendant no.1 remained in separate possession of their respective shares having separate dealings and transactions. Defendant no.1 sold some plots to defendant no.2. In 1961, the plaintiff also sold one plot to defendant no.2. In view of the completed prior partition, the suit was not maintainable.