KAMLA DEVI Vs. SHANKAR LAL CHOUDHARY

JUDGEMENT

(1.) THE plaintiff has filed this First Appeal against a part of the judgment and decree dated 19.7.1977 passed by Sri M.P.Tandon, the learned Subordinate Judge, Purnea in Title Suit No. 20 of 1976 whereby the claim of the appellant i.e. declaration of exclusive title over Schedule-C land has been dismissed by the trial court.

(2.) FOR the purpose of this First Appeal, the facts may be stated in brief that the plaintiff filed the aforesaid suit claiming partition of her 8 Anna interest in the property described in Schedule A and B of the plaint and prayed for declaration that the lands described in Schedule-C of the plaint are exclusive property of the plaintiff and the defendants have got Mungeshwar Sahoo, J. no right, title or interest therein. According to the plaintiff, the property as mentioned in Schedule-A, B and C belonged to one Dulari Sah, who died in 1958 leaving behind his daughter, the plaintiff and widow, the defendant no. 1. The widow and the daughter came in joint possession. Out of plot no. 1754 and 1765 measuring total 27 decimals, the plaintiff and the defendant no. 1 have gifted 14 decimals in favour of the husband of plaintiff by registered deed of gift dated 9.6.1960. The remaining 13 decimals of said plots is the exclusive share of the plaintiff and she is in actual possession of the same. The defendant, Sugo Devi who is mother of plaintiff has no right, title or interest nor possession over it. This property has been described in Schedule-C.

(3.) IT may be mentioned here that during the pendency of this appeal, the defendant no. 1 i.e. mother of the plaintiff died and her name has been expunged. Now, therefore, the share of defendant no. 1 also devolved on the plaintiff.