AMBIKA DEVI Vs. BALMAKUND PANDEY

JUDGEMENT

(1.) This is an appeal by defendants 1st Party against the decision of learned Subordinate Judge, Arrah decreeing Title Suit No. 30 of 1963, instituted by the plaintiffs-respondents for partition of the properties described in the four Schedules to the plaint after declaration of title over the properties covered by two of the four schedules, namely, Schedules 3 and 4 to the plaint.

(2.) The plaintiffs and defendants 1st party, defendant No. 8 being the daughter-in-law of one of the defendants 1st party, hail from a common ancestor, namely, Debi Charan Pandey. The genealgy as given in the plaint, was not disputed before this Court. It would, therefore suffice to say that one Debi Charan Pandey had four sons namely, Sohbat Pandey, Lal Bahari Pandey, Sheo Tahal Pandey and Naubat Pandey. Plaintiff No. 1, Balmakund Pandey undisputedly, having alias name of Mukund Pandey, is the grandson of Lal Behari Pandey. Lakshmi Pandey (Plaintiff No. 2), Rajesh-wari Kuer (Plaintiff No. 3), Bhim Pandey (Plaintiff No. 4), Shri Ram Pandey (Plaintiff No. 5), Sidhnath Pandey (Plaintiff No. 6), Most. Jatia (Plaintiff No. 7) represent the branch of Sheo Tahal Pandey. Naubat Pandey had three sons, namely, Rajkumar Pandey, Ram Nandan Pandey and Mahesh Pandey alias Ram Das Pande. Mahesh Pandey, initially plaintiff No. 8, is dead. Rajpati Pandey (Plaintiff No. 9) is son and Most Phuleshwari Kuer (Plaintiff No. 10) is the daughter-in-law of Mahesh Pandey. Chandra Shekhar Pandey (defendant No. 1), Anrath Pandey (defendant No. 2). Subadar Pandey (defendant No. 3), since dead, and Raghunath Pandey (defendant No. 4) are the four sons of Rajkumar Pandey i. e. they are grandsons of Naubat Pandey and Raj Narain Pandey alias Budhan Pandey (defendant No. 5), Chandraman Pandey (defendant No. 6) and Ram Ekbal Pandey (defendant No. 7) are the sons of Chandra Shekhar Pandey.

(3.) There are four items of properties in Schedule 1. Two of the items relate to lands of Mouza Chak Khan Pukur (Touzi No. 1447) and Mouza Kulia Degi (Touzi No. 1448) situate within 24 Paragana in the West Bangal which will be referred to hereinafter as the Bengal properties. Item No. 3 of Sen. 1 are lands of Khata No. 19 of Mouza Dulahpur-Nayazipur bearing Touzi No. 1358 and item No. 4 are lands of Mouza Rajpur Dhusri Dhari bearing Touzi No. 1347, both of which are situate in the erstwhile district of Shahabad now Bhojpur. The properties of Schedule 2 con-sist of several items of lands given in Rehan by outsiders to the parties. the Rehan deed having been executed in the name of plaintiff No. 1 (Balmakund Pandey), defendant No. 5 (Budhan Pandey), plaintiff No. 9 (Rajpati Pandey), defendant No. 1 (Chandra Shekhar Pandey, since dead), defendant No. 2 (Anrath Pandey) and defendant No. 5, (Budhan Pandey). The properties of Schedule 3 relate to Khata No. 39 (34/1) having an area of 4.19 acres and are situate in Mouza Dhusri Dhari. The properties of Schedule 4 are again Rehan lands of Mouza Dhusri Dhari in the erstwhile district of Shahabad which Rehan deed stands in the name of defendant No. 8.