SHYAMPHUL DEVI Vs. RAM BHAJAN MAHTO

JUDGEMENT

(1.) The plaintiff has filed this first appeal against the judgment dated 17.11.1978 and the decree signed on 25.11.1978 by Sri S.N.P. Sunderka, Sub Judge-II, Gaya in Title (Partition) Suit No. 17 of 1976 dismissing the plaintiffs suit for partition.

(2.) The plaintiff filed the aforesaid suit claiming 1/4th share in the suit property. Her case in short is that the common ancestor of the party Chamari Mahto got the suit properties in the partition with his brothers 50 years ago. The said properties have been mentioned in Schedule-A of the plaint. Chamari Mahto died leaving behalf two sons namely Shivdayal Mahto and Luxman Mahto. Luxman Mahto died issueless 35 years ago whereas Shivdayal Mahto died 30 years ago. Mungeshwar Shivdayal Mahto had two sons namely Bodhi Mahto and Rohan Mahto. Bodhi Mahto died 15 years ago leaving behind his two daughters Shyamphul Devi, the plaintiff and Kesar Devi, the defendant No.2. The defendant No.1 Ram Bhajan Mahto is the son of Rohan Mahto. It is stated that Rohan Mahto died one month after the death of Bodhi Mahto.

(3.) The further case of the plaintiff is that the plaintiff and the defendants jointly succeeded to the properties as detailed in Schedule-A of the plaint. The defendant No.1 started mismanaging the properties and, therefore, the plaintiff raised objection and demanded partition which was ultimately refused by the defendant No.1 so this suit was filed for partition claiming 1/4th share. It is stated that the defendant No.1 has got half share and defendant No.2 has got 1/4th share.