PRABHAT CHANDRA ROY Vs. PRAKASH CHANDRA ROY

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment of the learned Single Judge of this Court in F. A. No. 134 of 1984(R), while reversing the judgment and decree of the trial Court dated 28.6.1984 in P.S. No. 143 of 1982 and decreeing the suit of the plaintiffs for partition of the suit property, which is fully described at the foot of the plaint. The suit property is a building with vacant land, which measures 10 cotthas and two chataks, which is situate in village Kadru, Mohalla-Office Pada, within the Police Doranda Station, in the Ranchi town.

(2.) It is admitted fact that Prafulla Chandra Roy was the common ancestor of the parties. It is further admitted fact that the parties are Hindus, governed by Dayabhaga School of Hindu Law in the matter of succession and inheritence. It is undisputed that the land in question was acquired by Prafulla Chandra Roy under Chhaparbandi registered lease dated 28.4.1990. It is not in controversy that Prafulla Chandra Roy, the common ancestor of the parties, died on 23.5.1961, which is borne out by his death certificate (Exhibit-C).

(3.) The genealogical table, as under, will depict the relationship inter-se between the parties: <IMG>JUDGEMENT_203_CCC2_2001Image1.jpg</IMG>