PRAFULLA NARAIN DWARY Vs. NIL NARAIN DWARY

JUDGEMENT

(1.) HEARD the parties. Plaintiffs -opposite parties filed Title (Partition) Suit No. 683 of 1993 for partition of their ha/f share with defendant no.9 in the properties detailed in Schedules I and II and half share in Schedule III properties. Further relief was sought that the properties alienated by defendants 1 and 2 or their father may be allotted to the share of defendants - first party.

(2.) DEFENDANTS 1 to 5 in their written statement stated, inter alia, that Badri narain Dwary and his two sons, Indra Narain Dwary and Brahma Narain Dwary were separate in mess and business. On 19.12.1999, defendants 1 to 5 filed a petition

(3.) IT appears that defendants in their written statement claimed previous partition in 1961, during life time of Badri Narain Dwary. Evidence of the parties was on the verge of the conclusion in the suit, but no reference was made regarding properties in question. Defendants in paragraph 19 of the written statement had accepted those properties to have been purchased by the plaintiff.