HARDEO YADAV Vs. DINANATH YADAV

JUDGEMENT

(1.) Letters Patent Appeal No. 471 of 2000 filed on behalf of Hardeo Yadav and others and Letters Patent Appeal no. 569 of 2000 filed on behalf of Dinanath Yadav and others arise out of one and the same judgment dated 21-1-2000 passed by the learned single Judge in First Appeal No. 562 of 1993 whereby and whereunder he decreed Title Suit No. 128 of 1971 in part setting aside the judgment and order of dismissal of the suit recorded by Subordinate Judge II. Danapur and as identical questions of law and facts are involved in both the appeals they have been heard together and are going to be disposed of by this common order.

(2.) Dinanath Yadav and others in the capacity of the plaintiffs brought Title Suit No. 128 of 1971 in the Court of the Subordinate Judge II, Danapur against defendants Kusum Devi and others seeking relief for a decree of partition and allotment of half share to them in the joint family property morefully described in Schedule I and II of the plaint and also for carving out a separate Takhta for them.

(3.) It would be relevant and convenient to reproduce, in brief, the facts of the case. According to the plaintiffs Tulsi Yadav and Gopi Yadav were the sons of one Kauri Yadav of village Sahar Rampur under P. S. Naubatpur in the district of Patna. Tulsi Yadav died leaving behind his son Faujdar Yadav. Gopi Yadav died leaving behind his son Ramlal. Faujdar subsequently died leaving behind his sons, namely, Hawaldar (plaintiff No. 1), Radha (plaintiff No. 2) and Bhunasi (plaintiff No. 3) who also died issueless in the year 1972. Hawaldar had three sons, namely, Dinanath (plaintiff No. 4), Sidh Nath (plaintiff No. 5) and Ganga Sagar (plaintiff No. 6). Dinanath had two sons, Satyadeo (plaintiff No. 8) and Satyender (plaintiff No. 9). On the other hand Ramlal had three sons, Sukhlal (defendant No. 1) Sarjug (defendant No. 2) and Laldev (defendant No. 3). Sukhlal was issueless. Sarjug had two sons, namely, Dipnarayan (defendant No. 4) and Tandeo (defendant No. 5). Defendant No. 6 is the son of Deep Narain (defendant No. 4). Defendant No. 3 Laldev had four sons, namely, Prabhansh (defendant No. 1), Vijaya (defendant No. 8), Brajendar (defendant No. 9) and Nepali (defendant No. 10). Later on a baby son of Prabhansh was also added as defendant No. 11.