SATYA NARAIN SINGH Vs. BANGALI SINGH AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This miscellaneous appeal is directed against the order dated 15.06.2017 passed in Title Suit No. 230 of 2013 passed by learned Sub-judge-VIII, Patna, by which application of plaintiff-appellant for appointment of receiver was rejected.

(3.) Plaintiff-appellant has filed a suit for partition claiming his 1/9th share in the joint family property as detailed in Schedule-I of the plaint. Property detailed in A and C of Schedule-I, stands in the name of Sumitra Devi mother of plaintiff, who died in the year 2003 and after her death same devolved on her legal heirs who are husband (defendant no. 1) and defendant nos. 2 to 6 and the plaintiff being the sons of deceased mother. Property detailed in B of Schedule-I stands in the name of plaintiff and defendant nos. 2 to 6 jointly. It is further stated in the plaint that huge rental is coming from joint family property but petitioner is being deprived of his share in such rental income. Plaintiff-appellant has claimed l/9th share in property A and C and l/6th share in property B. According to plaintiff-appellant, suit property as detailed in Schedule-I was purchased by joint family fund after sale of ancestral property of joint family. Plaintiff has separated in mess, residence and business due to differences within family, however, suit property are still joint.