BAJRANGI SINGH Vs. SUKHDEO ALIAS KARMAN SINGH

JUDGEMENT

(1.) This First Appeal is directed against the judgment and degree dated 28.2.1996 passed by sri Harideo Prasad, the learned 1st Subordinate Judge. Aurangabad in Partition Suit No. 145/93 dismissing the Plaintiff/Appellant's suit for partition with regard to the suit property measuring 15 Acres 45 decimals of Khata No. 11.

(2.) The Plaintiff/Appellant filed the aforesaid Partition Suit No. 145/92 on facts inter alia that Dasain Gope was the common ancestor. A genealogical table has been given in Paragraph-2 of the plaint. According to the genealogy, Dasain Gope had four sons; namely; Bishundhari Gope, Nemdhari Gope, Julumdhari Gope and Tilakdhari Gope. Bishundhari Gope has three sons, namely : Somaru Yadav, Mangru Yadav an'1 Hambrikchh Yadav. Somaru Yadav had a son, Halkhori Yadav who had a son, Prabhu Singh who is Defendant No. 2. It may be mentioned that Bishundhari and his three sons and Halkhori are dead. The son of Mangru and grandson of Rambrikchh are Defendants.

(3.) The second son of Dasain Gope, namely, Nemdhari Gope had two sons, Raghunandan Yadav and Ramdeo Yadav. Raghunandan Yadav died leaving behind Sukhdeo @ Kariman who is Defendant No. 1. Ramdeo died issueless. The third son of Dasain Gope, Julumdhari Gope had a son, Bishu Gope who died leaving behind Raghurai Singh who was original Defendant No. 7. During pendency of suit, he also died. The fourth son, Tilakdhari Gope had a son, Chulhai Gope and Bajrangi Singh, the Plaintiff/Appellant is the son of said Chulhai Gope.