JUGAL KISHORE SINGH Vs. GOBIND SINGH

JUDGEMENT

(1.) The defendants are the appellants and they have filed the present appeal against the judgment and decree dated 16-2-1985, passed by the Sub-Judge, Gumla, in Partition Suit No. 25 of 1979, decreeing the plaintiffs-respondents' suit for half share in the suit properties consisting of the lands of Khatas Nos. 7 and 8 in village Salkaya, P. S. Raidih in the district of Ranchi.

(2.) Admittedly, parties are Hindus and governed by Mitakshara School of Hindu Law and Hindu Succession Act, 1956, in the matter of succession. The lands were recorded in the name of Kachnu Ram, the common ancestor of the parties. The relationship of the parties will appear from the following pedigree :

(3.) According to the case of the plaintiffs, they and defendants are all members of the joint Hindu family. Bilku Ram Singh son of Malar Singh died issueless in jointness with the plaintiffs and the defendants and his interest devolved on the other members of the joint family. There was never any partition between the members of the joint family, but, by way of convenience, they are cultivating the lands separately. On account of family dispute the plaintiffs felt difficulties in keeping the properties joint and so approached the defendants for amicable partition but the defendants did not agree and hence the suit.