MISHRI LALL RAI Vs. CHANDESHWAR RAI

JUDGEMENT

(1.) This first appeal is directed against the judgment dated, 31st August, 2000 and the decree following thereupon signed on 14th September, 2000 by Sri A.K. Sinha, the learned Fourth Subordinate Judge, Chapra in Partition Suit No. 187 of 1995 dismissing the Appellant's suit for partition.

(2.) The Plaintiff filed the aforesaid suit claiming 1/6th share in Schedule 1 and Schedule 2 property. Accordingly, the Plaintiff, Khedan Ram and Bhardual Rai were brothers. Khedan Rai had three sons Rajwanshi, Sukan and Chaitu. Bhardual Rai had a son Jaleshwari Rai. In the recent survey, the suit properties were recorded in the name of Rajwanshi, Sukan and Chaitu. Chaitu died issueless after R.S. in jointness with his brothers. Rajwanshi has three sons namely, Sagar, Dhyan and Sita. Out of them Sita died issueless. Sagar had a son Agam who in term has five sons who are Defendant Nos. 1 to 5. Sukan Rai had four sons namely Raghunandan, Bheekham, Ram Ratan and Ram Prasad. Plaintiff is the son of Raghunandan. The four sons of Ram Prasad are Defendants 2nd set.

(3.) The Plaintiff's further case is that there had been partition between Khedan and Bhardual Rai and in the Khatiyan one share was recorded in the name of Jaleshwari Rai, son of Bhardual Rai and the other share was recorded in the name of three brothers Rajwanshi, Sukan and Chaitu. The properties of the three brothers have been mentioned in Schedule 1 of the plaint. Although there was separation in mess in the family in the year 1950 and they are cultivating the lands according to their convenience, there had been no partition between the parties. The Plaintiff is feeling difficulty in joint possession so he requested the Defendant Nos. 1 to 5 to partition the properties but they refused, so this suit was filed.