RAM PRAVESH RAI SON OF LATE RAMESHWAR RAI AND RAM DEI DEVI WIFE OF LATE RAMESHWAR RAI Vs. MAHESHWAR RAI SON OF LATE SUBEDAR RAI

JUDGEMENT

(1.) This second appeal has been filed by plaintiffs-appellants-appellants challenging the judgments and decree of both the courts below.

(2.) The matter arises out of Title Suit No. 57 of 1976 which was filed by the plaintiffs-appellants claiming that Bahasu Raut left behind two sons Guljari Ahir and Subedar Ahir out of whom Subedar Ahir had two sons Rameshwar Rai (dead) and Maheshwar Rai (defendant No. 1). Plaintiffs are the son and widow of Rameshwar Rai, whereas defendant No. 1 Maheshwar Rai had four sons, namely Mewalal and others. It was further claimed by the plaintiffs that there was separation between Rameshwar Rai and Maheshwar Rai, but the property remained joint and there was no partition by metes and bounds. It was also claimed that Rameshwar Rai being insane due to paralysis, the said suit was filed by his son Ram Pravesh Rai, but the said Rameshwar Rai intervened in the suit and was impleaded on 03.05.1978 by the court as defendant No. 2, but subsequently the said Rameshwar Rai died on 23.03.1983 during the pendency of the title appeal.

(3.) It was further claimed by the plaintiffs that some of the properties were ancestral, whereas some of them were joint acquisition of Rameshwar Rai and Maheshwar Rai. In the said circumstances following reliefs were sought by the plaintiffs: