KAUSHAL KISHORE CHOUDHARY Vs. PRATIMA DEVI

JUDGEMENT

(1.) This appeal is directed against the Judgment and decree dated 29.11.1973 passed by Sri S.L. Nandkeoliyar, Sub-Judge, Hajipur, in Partition Suit No.54 of 1970 / 291 of 1973 decreeing the plaintiffs suit for partition to the extent of share.

(2.) The plaintiffs-respondents filed the aforesaid partition suit claiming share in the suit land measuring 5 bighas, 16 kathas and 12 dhoors comprised in Khatas No.37, 382 and 469 of Village- Bishunour Basant, Hajipur.

(3.) The plaintiffs claimed the aforesaid relief on the facts, inter alia, that Ram Sahai Thakur had three sons, namely, Dringpal Thakur, Karan Thakur and Jaipal Thakur. The two sons of Dringpal, i.e. Banke Thakur and Baldeo Thakur died issueless during the life time of their father leaving behind only widow of Baldeo Thakur, namely, Most. Fuljhari Devi. The plaintiffs are the descendants of Jaipal Thakur whereas the defendants are the descendants of Karan Thakur. The further case of the plaintiff is that Dringpal Thakur was separate from his father and brothers since before cadastral survey. The other two brothers , i.e., Karan Thakur and Jaipal Thakur who were joint. The lands of Khata No.37,382 and 469 were recorded separately in the name of Dringpal Thakur. He died 50 years ago and, therefore, Most. Fuljhari Devi was entitled only for maintenance but Karan Thakur and Jaipal Thakur allowed Most. Fuljhari Devi to remain in possession of the property of Dringpal Thakur in lieu of maintenance. They were only paying the rents. Subsequently, the holdings were split up and and started paying rent separately to the extent of and . Fuljhari Devi died 15 years ago and her property came in joint possession of the plaintiffs and defendants. There had been no partition between the parties regarding this property.