RAJIV KUMAR AGRAWAL Vs. RABINDRA NARAYAN AGRAWAL

JUDGEMENT

(1.) This appeal is directed against the order dated 10.9.1999 passed by Sri N.K.Sinha, learned Sub-Judge Vth , Begusarai, in Title ( Partition ) Suit No. 188 of 1997 whereby the learned court below rejected the plaint under Order 7 Rule 11(D) of the Code of Civil Procedure.

(2.) According to the plaintiffs' case one Rai Bahadur Kharag Narayan Agrawal was the common ancestor who had two sons, namely, Bishundeo Narayan Agrawal and Krishnadeo Narayan Agrawal. The parties are the decendents of Bishundeo Narayan Agrawal. Bishundeo Narayan Agrawal had two sons, namely, Rabindra Narayan Agrawal who is defendant No. 1 and Arvind Narayan Agrawal, father of plaintiff No. 1. Bishundeo Narayan Agrawal had a daughter, Indira Rani who is defendant No. 5. Defendant No. 3 is the wife of defendant No. 1 whereas defendant No. 6 is the widow of Arvind Narayan Agrawal. The further case is that Arvind Narayan died leaving behind plaintiff No. 1 and defendant No. 7 and a daughter, Mridula Rani. Rabindra Narayan Agrawal, defendant No. 1 has one son, Jitendra Narayan Agrawal who is defendant No. 2 and two daughters , Abha Rani and Meenakshi Kumari.

(3.) According to the plaintiffs' case there had been a complete partition between Bishundeo Narayan Agrawal and Krishnadeo Narayan Agrawal. In the partition the properties allotted to Bishundeo Narayan Agrawal was further partitioned between him and his two sons in Title Suit No. 60 of 1966 in the court of Sub- Judge, Begusarai. In the said partition only the shops and the houses were partitioned and the agricultural lands were kept joint. Some properties acquired by Rabindra Narayan Agrawal and Arbind Narayan Agrawal from their father by gift was also not partitioned in the said suit. Some properties have been acquired in the name of Abha Rani, wife of Rabindra Narayan Agrawal and Shobha Rani, wife of Late Arvind Kumar Agrawal but the said acquisition in their names is collusive and with a view to save from Ceiling, Income Tax and Wealth Tax. Some of the properties were gifted to Rani Devi by late Kharag Narain or Bishundeo Narain Agrawal were returned to joint family in the name of Sanjeev Kumar and Jitendra Narain. The properties purchased in the name of Triyogi Narain was also returned through deed of relinquishment in favour of Kamla Devi who created a collusive sale deed in the names of Abha Rani and Shobha Rani without receiving any consideration. So, those properties are also joint family property. All these properties have been described in Schedule-2 of the plaint.