NABIN KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner, the State and the Counsel appearing on behalf of Respondent No. 6.

(2.) The lands in question originally belong to Harihar Shukla, who had two wives, Bhanmati Kuer and Hunkari Devi. Bhanmati Kuer died issueless. Before her death, she gifted some of the properties to Rambha Devi and Sunil Shukla. Hunkari Devi had two sons, Hridyanand and Manan Shukla. Rambha Devi is the Wife of Hridyanand and Sunil and Anil Shukla are the sons of Hridyanand and Rambha Devi.

(3.) The case of the Petitioner is that there was an amicable partition between Hridyanand and Manan Shukla and all the properties were divided half and half. It is submitted that those properties which were also gifted to Rambha Devi and Sunil Shukla were included in the said partition. Harihar Shukla purchased the lands measuring 1 bigha 15 kathas and 91/2 dhurs and 1 bigha 15 kathas 111/2 dhurs in the year 1946 and 1948. The name of Harihar Shukla was mutated. The memorandum of partition, as per the case of the Petitioner, was prepared on 15.6.1987. The Petitioner is said to have purchased 10 kathas 15 dhurs each by two sale deeds from Manan Shukla which appertains to plot No. 625, measuring 5.89 acres. The claim of the Petitioner is that Manan Shukla, by virtue of the partition deed, had sold the aforesaid lands to the Petitioner.