SIYARAM ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The contesting Defendants have filed this first appeal against the judgment dated 26.2.1980 and the decree signed on 12.3.1980 by Sri Ram Prit Pathak, the learned 6th Additional Subordinate Judge, Chapra in Partition Suit No. 23 of 1963/ 47 of 1979 decreeing the Plaintiffs-Respondents' suit for partition.

(2.) The original Plaintiff Ram Dayal Sah filed the aforesaid Partition Suit No. 23 of 1967 claiming 1/6th share with respect to Schedule 1 property and 1/12th share with respect to the properties mentioned in Schedule 2 and 3 of the plaint.

(3.) The plaintiffs claimed aforesaid relief alleging that their common ancestor was one Sheo Narayan Sah who had three sons namely Imrit Sah, Janaki Sah and Ram Narayan Sah. Imrit Sah had three sons namely Ram Gobind Sah, Ram Ayodhya Sah and Thakur Sah. Thakur Sah died issueless. Ram Gobind Sah had a son, Ram Dayal Sah who is original plaintiff. On his death his legal representatives have been substituted as original respondent Nos. 1 to 7. The second son of Imrit Sah namely Ram Ayodhya Sah had two sons Kamta Prasad Sah and Bishwanath Prasad Sah who were original defendant Nos. 4 and 5. Janaki Sah had a son Ram Saran Sah who in tern had three sons Bhagwati Prasad Sah (Defendant No.1), Makeshwar Prasad Sah (Defendant No.2) and Deoki Prasad Sah (Defendant No.3). The third son Ram Narayan Sah died in 1926 leaving behind his widow Sumitra Devi and a daughter Ram Sawari Kuer. Sumitra Devi died in 1933 and Ram Sawari Kuer died in 1951 without any issue. The genealogical table is as follows: