LAWS(PAT)-2011-11-8

BISHUDHARI PD Vs. SHANTI DEVI ALIAS TETRI DEVI

Decided On November 16, 2011
Bishudhari Pd Appellant
V/S
Shanti Devi Alias Tetri Devi Respondents

JUDGEMENT

(1.) The plaintiffs-appellants have filed this First Appeal against the Judgment and Decree dated 07.12.1978, the decree sealed and signed on 22.12.1978 by Sri Shyama Prasad Singh, the learned Addl. Subordinate Judge Ist, Patna in Title Suit No.66 of 1971 / 29 of 1978 dismissing the plaintiff's suit for partition.

(2.) The plaintiffs filed the aforesaid Title suit claiming partition of 1/35 th share of the plaintiff in the properties described in different schedules of the plaint.

(3.) The plaintiff's case in short is that one Ram Prasad Gope had 3 sons and 3 daughters, namely, Rambaran Rai, Deobaran Rai, Bisundhari Rai (plaintiff No.1), Guljaro Devi, Phulgharo Devi, Jagmano Devi. The second son, Deobaran Rai died in the year 1967 leaving behind his widow Mostt. Dhan Kuer who is defendant No.8 and two minor daughters who are defendant No.6 & 7. Ram Prasad Gope died on 16.10.1969 in the state of jointness leaving behind his widow, Mostt. Ugia Devi and two sons Rambaran and plaintiff Bishundhari and 3 daughters as Deobaran had pre-deceased him. Rambaran Rai died in the state of jointness on 06.06.1970 leaving behind his widow Ram Kumari Devi, the defendant No.4, 3 sons and one daughter who are defendant Nos.1, 2, 3 and 5. All are in joint possession of the suit properties. The joint family had ancestral property and that Ram Prasad Gope had acquired property from the income and savings of the joint family property from time to time which are all in joint possession. The plaintiff requested the defendant for partition the property but they did not agree. Therefore, the suit for partition was filed. The plaintiff No.2 is the son of plaintiff No.1. The 3 daughters of Ram Prasad Gope are defendant No.9, 10 and 11. The widow of Ram Prasad Gope is defendant No.12.