SUKHDEO MAHTON Vs. RAM LAKHAN MAHTO

JUDGEMENT

(1.) The defendant No. 1 has filed this first appeal against the judgment dated 28.6.1993 and the decree following thereupon signed on 9.7.1993 by Sri M.P. Mandal, the learned Sub Judge IV, Begusarai in Title Suit No. 58 of 1991 decreeing the plaintiffs-respondents? suit.

(2.) The plaintiffs-respondents filed the aforesaid title suit No. 58 of 1991 praying therein for the declaration that the deed of gift dated 26.2.1991 is void ab initio and further for partition of the suit properties detailed in Schedule B of the plaint.

(3.) The plaintiffs claimed the aforesaid relief of declaration about the gift deed and for partition alleging that there had been partition between Raktoo Mahato and Soman Mahato sons of Ganesh Mahato. Soman Mahato had two sons Butan Mahato and Kailu Mahato. There had been partition between Butan Mahato and Kailu Mahato also. Butan Mahato died leaving behind Jitu Mahato. Jitu Mahato had three sons. One is defendant No. 1, the other is plaintiff and third son?s son is plaintiff No. 2. According to the plaintiff, Jitu Mahato was member of coparcenary family consisting of himself and his three sons and grand son plaintiff No. 2. The father of plaintiff No. 2 died. Jitu Mahato died on 3.3.1991 and, therefore, the defendant No. 1 has got 1/3rd share, plaintiff No. 1 has got 1/3rd share and plaintiff No. 2 has got 1/3rd share in the coparcenary property.