INDRAJEET TIWARY Vs. RAMCHIS TIWARY

JUDGEMENT

(1.) This First Appeal is directed against the judgment and decree dated 16.07.1974 passed by Sri Shyam Sundar Das, the learned IInd Additional Sub Judge, Siwan in Title Suit No. 39 of 1967/09 of 1973 whereby the learned court below dismissed the plaintiffs' suit for declaration of title with regard to the suit property.

(2.) The plaintiffs -appellants filed the aforesaid suit for declaration of their title described in detail in schedule II & III of the plaint. The plaintiffs claimed the said relief on the facts inter alia that Ram Tahal Tiwary had four sons; namely, Sarju Tiwary, Raghuveer Tiwary, Mandala Tiwary & Kamla Tiwary. The first son, Sarju Tiwary has three sons; namely, Sheo Mandal, Dukhi Tiwary and Jiut Tiwary. Jiet Teary was original defendant No. 3 who was the only surviving son. During pendency of this suit, he died and his heirs have been substituted. The second son of Ram Tahal , namely, Raghuveer Tiwary had two sons; Bali Tiwary and Chandradeo Tiwary. The sons and daughters of Chandradeo Tiwary are the plaintiffs whereas the two sons of Bali Tiwary, i.e. Ramcheej Tiwary and Basudeo Tiwary are defendant Nos. 1 & 2. A genealogy table has been given at the foot of the plaint and this genealogical is admitted by the parties.

(3.) According to the further case, all the properties of Ram Tahal Tiwary were recorded jointly in the name of his four sons. Only some of the properties were recorded in the name of Fulai Kunwar who was sister of Raghuveer Tiwary. She died issueless and the property devolved upon the nephew of Fulai Kunwar. Therefore, all the properties were in possession of the parties jointly. About 40 years ago, there has been separation in the family, but there was no partition by meets and bound regarding ancestral properties. After separation as aforesaid, Bali Tewary & Chandradeo Tewary jointly acquired several properties in the name of different members of the joint family and also in their own names. Some of the properties were acquired in the name of Jiut Tewary, Sarvjeet Tewary, Indrajeet Tewary, Ramjeet Tewary & others but because Jiut Tewary failed to subscribe his contribution of consideration; he was not given any share in the land. Subsequently, Bali Tewary and Chandradeo Tewary partitioned the properties acquired by them in 1950. The lands which fell in the share of Bali Tewary and his sons, have been described in schedule -I. The lands of Chandradeo Tewary and his sons have been described in schedule -II of the plaint according to that partition. In 1949, Mangla died. Subsequently, Kamla also died and the line of Mangla & Kamla extinct.