GANESH CHANDRA JHA Vs. PARMESHWAR THAKUR

JUDGEMENT

(1.) Defendant No. 18 is the appellant against a judgment of affirmance. This appeal is directed against the judgment and decree dated 28 -8 -99, passed by the learned 4th Additional District Judge, Madhubani, in Title Partition Appeal No. 69 of 1998 (Ganesh Chandra Jha v. Parmeshwar Thakur and Ors), whereby he has dismissed the appeal of defendant No. 18 (the appellant herein), and has upheld the final decree dated 25 -11 -98, passed by the learned Munsif 1st Court, Madhubani, in Partition Suit No. 111 of 1971 (Parmeshwar Thakur v. Niranjana Devi).

(2.) The suit was dismissed. The plaintiffs had preferred Title Partition Appeal No. 7 of 1975 against the dismissal of the suit which was allowed by the learned Subordinate Judge, Madhubani, by his judgment dated 20 -8 -77. He directed that the Pleader Commissioner will carve out the Takhtas with respect to the the possession of the parties as far as practicable. One Shri P.K Sinha was appointed as the Pleader Commissioner who submitted his report dated 11 -4 -79, but the same was rejected on the objection of defendant No. 17, vide order dated 22 -7 -80, passed by the learned Munsif. Thereafter one Shri Yadubir Jha was appointed as the second Pleader Commissioner whose report was also rejected on the objection of the parties by order dated 3 -4 -93, passed by the learned Munsif 1st Court, Madhubani. He recorded the following directions for the Pleader Commissioner in paragraph 4 of the judgment which is reproduced hereinbelow:

(3.) Thereafter one Madan Mohan Mishra was appointed Pleader Commissioner who submitted his report. Defendant No. 17 raised certain objections with respect to the same which were over -ruled by the learned Munsif by his order dated 25 -8 -94, and the third Pleader Commissioner's report was affirmed. The same was challenged before this Court by preferring Civil Revision No. 1746 of 1994, which was dismissed by a learned Single Judge by his order dated 21 -4 -95. Therefore, Takhtas on the basis of the third Pleader Commissioner's report has been upheld by the learned Court of appeal below by the impugned judgment.