LAWS(PAT)-1990-5-10

CHITO MAHTO Vs. LILA MAHTO

Decided On May 03, 1990
CHITO MAHTO Appellant
V/S
LILA MAHTO Respondents

JUDGEMENT

(1.) This First Appeal arises out of a judgment and decree dated 29-11-1984 passed by Shri Ram Nath, Subordinate Judge, Palamau in Partition Suit No. 116 of 1982 whereby and whereunder the said learned Court decreed the plaintiffs-respondents' suit. According to the plaintiffs-respondents, the lands appertaining to Khata No.10 were the ancestral property of the parties which originally belonged to Nira Mahto.

(2.) According to the plaintiffs, Nira Mahto had only two sons namely Pati Mahto and Raman Mahto. Allegedly, after the death of Nira Mahto, Pati Mahto was the Karta and as such at the time of preparation of Survey Settlement Record of rights, Lila Mahto was a minor and taking advantage of the said fact, Pati Mahto got his share recorded in the Survey Record of Rights as 3/4th in the said properties, whereas the share of Lila Mahto was recorded as 1/4th therein. The plaintiff is the son of Raman Mahto.

(3.) The defendants are heirs of the aforementioned Pati Mahto. The genealogical table will depict the relationship of the parties which is as follows :