KRISHNA KUMARI Vs. BINOD MISHRA

JUDGEMENT

(1.) THE defendant has filed this first appeal against the judgment and decree dated 03.01.2005 passed by Sri Akshaiber Ram, the learned Sub Judge 4th Sitamarhi in Partition Suit No. 83 of 1982 decreeing the plaintiffs-respondents suit for partition.

(2.) THE plaintiff-respondent Nos. 1 and 2 filed the aforesaid Partition Suit No. 83 of 1982 claiming partition of the suit property as mentioned in detail at the foot of the plaint to the extent of their 109/225 share. It appears that during the pendency of the suit the defendant No.1 and also the defendant no.2 died. THErefore, the share of the plaintiffs and the defendant varied and the learned court below decreed the suit holding that the share of both the plaintiffs to be 198/400.

(3.) THE defendant No.4 Kunkun Mishra appeared and he also filed a contesting written statement. According to his written statement the suit properties are not joint family property. THE defendant No.1 and the plaintiffs have no concern with the property possessed by this defendant. THE defendant No.4 rendered service to Mahanth Raghunath Das as Chela and after his death he succeeded his entire estate in accordance with the custom of Math. THE suit properties were settled with the defendant No.3 in the year 1943 and 1945 and this being the admitted position, the plaintiffs are not entitled to any share because after coming into force of Hindu Succession Act the defendant No.3 became the absolute owner of the properties in view of Section 14 of the Hindu Succession Act. THE properties claimed by the plaintiffs to be the exclusive property of their mother belongs to late Mahanth Raghunath Das which has been detailed in Schedule 1 of the written statement and on the death of Mahanth Raghunath Das the said property devolved on this defendant. THE defendant No.1 never gifted any property to anyone. All other allegations were denied.