CHHATU PRADHAN Vs. KAILASH PRADHAN

JUDGEMENT

(1.) THIS First appeal arises out of a judgment and decree dated 10th December, 1983 passed by Sri Ibrar Hassan, Subordinate Judge, Chaibasa in Title Suit No. 30 of 1981 whereby and where under the said learned court dismissed the plaintiff-appellant's suit. The aforementioned suit was filed by the plaintiff-appellant for a decree for partition claiming 1/3rd share in the properties described in schedule 'B' of the plaint and 1/6th share in the properties described in schedule 'C' of the plaint.

(2.) THE plaintiff filed the aforementioned suit alleging inter alia therein as follows: One Jagmohan Pradhan was the common ancestor of the parties. He died leaving behind four sons namely Rajendra Pradhan, Prahlad Pradhan, Yudhisthir Pradhan and Kuber Pradhan. Yudhisthir Pradhan and Kuber Pradhan died issueless. Rajendra Pradhan had two wives namely Jambo and Rohini. Through his first wife he got two sons namely Kailash Pradhan and Purushottom Pradhan and through his second wife he got one son Chhutu Pradhan who is the plaintiff. Purusottom Pradhan allegedly died twenty years ago leaving behind two sons namely Makaradhwaj Pradhan and Chitradhwaj Pradhan who are defendant Nos. 2 and 3. Prahlad Pradhan also died leaving behind two sons namely Kashinath Pradhan and Brinda Pradhan. Kashinath Pradhan died about 12-13 years back leaving behind two sons namely Bishwanath Pradhan and Udayanath Pradhan (defendant No. 5), Bishwanath Pradhan died leaving behind his only daughter Arto Kumari (defendant No. 6).

(3.) HOWEVER according to the plaintiff the properties described in schedule 'C' of the plaint were kept joint as it was a tank and arh. The plaintiff in the aforementioned circumstances prayed for decree for partition in respect of his 1/3rd share is respect of the properties described in schedule 'B' of the plaint and 1/6th share in respect of the properties described in schedule 'C' of the plaint.