SHYAM NARAIN DAYAL Vs. LEELA DEVI

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree dated 20.7.1995 passed by Shri Tarkeshwar Pathak, Subordinate Judge, VII, Ranchi in Partition Suit No. 222 of 1993 decreeing the plaintiff- respondent No. 1's suit for partition ascertaining her share to 10/56 over the joint family property.

(2.) The plaintiff-respondent No. 1 filed the above mentioned partition suit seeking her 1/2 share over the property described in schedule of the plaint and also for allotment for her share separating Taktha on appointment of a survey knowing Advocate Commissioner and also for (sic) of the suit and other ancillary relief. The admitted position remains that one Bhujhawan Ram was the common ancestor of both the parties who died leaving behind his widow Kewala Kunar and a son Ram Niranjan Dayal.

(3.) The said Ram Niranjan Dayan married twice. Tetar Kanari was his first wife while Jirkalo Devi defendant No. 6 (Appellant No. 2) is his second wife. Through Tetar Kunari Ram Niranjan Dayal has got a daughter Keela Devi, who is the plaintiff respondent No. 1 in the case. Through second wife Jinkalo Devi, Ram Niranjan Dayal has got two sons, named Suryanarain Dayal (Defendant No 1) Shyamnarain Dayal (Defendant No. 2) appellant No. 1 and three daughters Kamla Devi defendant No. 3 Jinkalo Devi defendant No. 4, and Pnti Lata, defendant No. 5. Tetar Kunari.