RAJESHWAR SINGH Vs. RAJENDRA SINGH

JUDGEMENT

(1.) The plaintiff-petitioner has filed this revision application against the order dated 30/03/1991, passed by the Subordinate Judge I, Palamau at Daltonganj, in Partition Suit No. 27 of 1973, by which he has rejected the prayer of the petitioner for allotting 1/12th share out of 1/14th share of original defendant No. 8, Jasmati Kuer, who died in the year 1989, during the pendency of the final decree proceeding and further held that defendant No. 5 has acquired share of defendant No. 8 on the basis of deed of gift executed by defendant No. 8 in his favour and the allotment of her shares amongst the three sets of parties by the Batwara Commissioner was wrong case.

(2.) The facts leading to filing of the present revision application are that the petitioner along with others filed Partition Suit No. 27/ 73 claiming 1/4th share in the suit properties. According to the averments made in the plaint, share of the plaintiff in the suit land was 1/4th, defendants Nos. 1 to 3 and 9 together have 1/4th share, defendants Nos. 5 to 7 together have 1/4th share and defendant No. 8 has 1/4th share.

(3.) Three sets of the written statements were filed in the said suit - one on behalf of defendants Nos. 1 to 3, other on behalf of defendants Nos. 4 to 8 and the third one by the purchaser defendant No. 10. Defendants Nos. 4 to 8, in their written statement, asserted that defendant No. 8 has executed a deed of gift with regard to her share to defendant No. 5 on 17-5-1949.