VIJAY KUMAR SRIVASTAVA Vs. ANAND MOHAN PD.

JUDGEMENT

(1.) This First Appeal has been filed by the defendants first party appellants against the judgment dated 24.9.1974 and the decree following there upon signed on 30.10.1974 by Sri Ram Kishore Singh, the learned 1st Additional Sub-Judge, Motihari; in Partition Suit No. 154 of 1968/122 of 1970 whereby the learned court below decreed the plaintiff respondent's suit for partition of the suit property described in Schedules-I and II of the plaint to the extent of 1/2 share.

(2.) To understand the relationship between the parties the admitted genealogy may be reproduced here for easy reference:

(3.) The above genealogy is admitted by the parties. According to the plaintiffs case Sunder Lal had four sons; Kamla Lal, Kapildeo Lal, Jhingan Lal and Rijhan Lal. The branch of third son, Rijhan Lal are the plaintiffs. The branch of Kapildeo Lal are the contesting defendants first party appellants. The other decendents of two sons of Sunder Lal, i.e., Kamla Lal and Rijhan Lal are defendants no. 7 to 10 had not contested the suit. According to the plaintiffs pleading as pleaded in the plaint is that there was dispute and differences between the four sons of Sunder Lal after the death of Sunder Lal. So they had to separate from each other which took place about 25 years ago and then after being separated from each other the first son Kamla Lal and the 4th son, Rijhan Lal remained together and the second son Kamla Lal and the third son, Jhingan Lal remained together jointly. Like this there was partition between the four brothers and the mess and business was divided into two parts. The residential house was also divided into two parts. That state of affairs is still continuing and the plaintiffs are still joint with defendants first set.