ARUN KUMAR Vs. SAROJ DWIVEDI

JUDGEMENT

(1.) The defendants have filed this first appeal against the judgment and decree dated 6.6.1985 passed by the Sri Nand Kishore Narain Sinha, learned Subordinate Judge, Gopalganj in Title Suit No. 23 of 1972 whereby the learned court below decreed the plaintiffs- respondents' suit for partition to the extent of 1/4th share.

(2.) The original plaintiff Sri Ranganath Tiwari filed the aforesaid suit for partition claiming 1/4th share in schedule 1 to 3 of the plaint. The original defendant No.1 was Chandrajyoti Devi. During the pendency of the suit Chandrajyoti Devi died in the year 1977. In her place her daughter Smt. Savitri Devi was substituted. In this appeal Savitri Devi was the sole appellant and the plaintiff Ranganath Tiwari was the sole respondent. The appellant Savityri Devi as well as the respondent Ranganath Tiwari both of them died during the pendency of the appeal and their legal representatives have been substituted.

(3.) The plaintiff claimed partition to the extent of 1/4th share alleging that the suit properties belonged to Jagnnath Ram who had two wives namely Shyama Devi and Chandrajyoti Devi. Jagnnath Ram and Shyama Devi died, therefore, Chandrajyoti Devi became the absolute owner of the property as mentioned in detail in Schedule 1 and 2 of the plaint. It is also stated that Schedule 3 property has been acquired on the basis of a decree. Chandrajyoti Devi sold her 1/4 th share through two registered sale deeds dated 3.1.1958 Ext.2 and 2/A to the plaintiff Ranganath Tiwari. After purchase the plaintiff has got 1/4th share in the properties and is in joint possession with the defendant. Since the plaintiff is feeling inconvenience in the joint enjoyment of his 1/4th share he requested the defendant to partition but she did not agree, therefore, the suit was filed. The Schedule 1 lands situate in Saran District whereas schedule 2 lands situate in Deoria.