RABI PODH Vs. CHHUTA PODH

JUDGEMENT

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

(2.) Plaintiffs-Respondents 1 and 2 instituted the suit for partition. Case of the plaintiffs is that Amar Podh was the common ancestor of the parties. He had two wives. Mangalsai and Dinabandhu are the sons of Amar through first wife. Bhanka, Chhuta and Ude are the sons of Amar through second wife. Defendants are the heirs of Mangalsai, Dinabandhu and Bhanka. Other defendants are transferees of a portion of the suit lands from the heirs of Mangalsai, Dinabandhu and Bhanka. The suit property is the ancestral joint family properties of the parties. Due to increase the number of the family members, plaintiffs requested the defendants for partition of the suit properties, but the defendants maintained a stony like silence.

(3.) Defendant no.7 entered contest and filed a written statement denying the assertions made in the plaint. He disputed the genealogy. According to him, the plaintiffs are not related to the defendants. The suit land was partitioned between the sons of Mangalsai, Dinabandhu and Bhanka forty years back. Mangalsai purchased the lands from Dhansingh Majhi and Jamkhunta Bhag. He reclaimed Anabadi lands and amalgamated the same with his own lands. The said lands were recorded in the name of the sons of Mangalsai, Dinabandhu and Bhanka in the ROR published in the year 1936. Plaintiffs' name does not find place in the ROR. Plaintiffs managed to record the lands in the Hal ROR. Most of the suit lands had been sold by the defendants from their share. The purchasers are in possession of the lands.