BALMIKI SINGH Vs. LALPARI DEVI

JUDGEMENT

(1.) This appeal by some of the defendants is directed against the judgment and decree of the learned Additional Subordinate Judge, Gaya, decreeing the plaintiffs' suit for partition.

(2.) One Rashdhari Singh had three sons, Jugal Singh, Basudeo Singh and Ramkeshwar Singh. He had also a brother named Kharagdhari Singh. Jugal Singh had two sons Deoki Singh and Ramnandan Singh (defendant No. 2), Deoki Singh had a son named Balmiki Singh, who is defendant No. 1, defendant No. 3 is the widowed mother of defendant No. 1. Mt. Dhaneshwar Kuer (defendant No. 4) is the wife of defendant No. 2, Basudeo Singh (since dead) died leaving behind one Mt. Dipa Kuer, his widow, and Lalpari Devi, wife of his predeceased son. Ramkeshwar Singh undisputedly died issueless in a state of jointness with his other two brothers named above.

(3.) Lalpari Devi, the sole plaintiff respondent of this appeal after the death of Dipa Kuer during the pendency of the suit, along with her mother-in-law, Dipa Kuer, instituted the instant suit for partition of her eight annas interest in what was described to be the joint family properties of all the defendants 5 to 11, being the de- pendants of Kharagdhari Singh. The allegation in the plaint, inter alia, was that the deed of gift dated the 16th Sept., 1963, said to have been executed by Dipa Kuer in favour of defendant No. 1, was a fabricated and sham document and, in fact, it was never executed as such by Dipa Kuer. Undisputedly, this deed of gift embraced eight annas interest in the properties sought to be partitioned in this suit. The plaintiffs sought for partition by ignoring this deed of gift.