PANMATI DEVI Vs. SUDARSHAN SINGH

JUDGEMENT

(1.) This First Appeal was filed by Jagdish Singh , the defendant against the judgment & decree dated 03.03.1978 passed by Sri Mudrika Prasad, VIth Additional Subordinate Judge, Siwan in Title Suit No. 52 of 1973/04 of 1978. The sole appellant died during pendency of this appeal and his legal representatives have been substituted.

(2.) The plaintiff/respondent No. 1 Sudarshan Siungh filed the aforesaid Title Suit claiming relief for redemption of his share of Rs 1348/- & 2 Anna in three-Jarpeshagi deeds executed by the defendant No. 7 and others in favour of the defendant No. 1 (appellant) with respect to 10 Kathas & 15 Dhurs in R.S. plot No. 2990 of village, Balahu. The plaintiff-respondents also prayed for partition of his 14/27 share in the disputed land described in detail at the foot of the plaint.

(3.) The plaintiff-respondent claim the reliefs on the facts inter alia that Bisheshwar Sah had three sons, namely, Mathura Gor, Gokula Gor and Shiv Gor. Mathura Gor died in the year, 1962 leaving behind the defendant No. 8 Mossomat Dhaneshwari as his only daughter. She being the daughter came in joint possession regarding 1/3rd share of her father, Mathura Gor alongwith defendant No. 2 to 7. The sons & grandsons of Gokula Gor are defendant Nos. 2 to 6. The son of Shiv Gor is defendant No. 7.