BIJAY LAXMI KUMAR Vs. SHYAMA DEVI

JUDGEMENT

(1.) The plaintiffs have filed this First Appeal against the Judgment and Decree dated 14.6.1996 (decree signed on 5.7.1996) by Sri Md. Atitullah Ansari, learned Sub Judge IX Patna in title partition suit No.497 of 1983 / 117 of 1995 dismissing the plaintiff's suit for partition.

(2.) The plaintiff-appellants filed the aforesaid title partition suit No.497 of 1983 / 117 of 1995 claiming 11/54 th share in the suit property described in Schedule II and further prayed for grant of permission to purchase the right, title and interest of defendant sixth party in the suit property described in Schedule II which has been purchased by defendant sixth party from defendant No.5 under sale deed No.7083 dated 19.8.1983 on the price fixed by the Court and the defendant sixth party may be directed to execute sale deed on receipt of the consideration money. The plaintiff also prayed for permission to purchase right, title and interest of defendant No.16 and his wife Smt. Rekha Devi which they purchased from defendant Ist party by sale deed dated 14.12.83, 31.5.84 and also to purchase the share of defendant No.8 sold to defendant No.15 through registered sale deed dated 26.7.1985. After granting the said relief, the plaintiff share to the extent of 11/54 th may be partitioned.

(3.) The plaintiff claimed the aforesaid relief on the facts which may be stated in brief which are relevant and necessary for the purpose of decision of this First Appeal. The common ancestor Rai Bahadur Pandit Jayanand Kumar being the karta purchased 1 biggha 6 katha 11 dhur in plot No.1173, 1174 and 1175 under Khata No.5 Tauzi No.5090 in Mauza Dujra P.S. Kotwali Distt. Patna by registered sale deed dated 5.4.1938 out of joint family fund. He died in jointness with his 3 sons and grand sons in the year 1940. There was a private partition of the entire property between the sons and grand Mungeshwar Sahoo, J. sons of Rai Bahadur Pandit Jayanand Kumar in the year 1952. In the said partition, the three sons of Pandit Rai Bahadur Jayanand Kumar, i.e., Satyanand Kumar, Nityanand Kumar and Krityanand Kumar were allotted 1/3 rd share along with their sons. The entire land purchased under sale deed dated 5.4.1938 in plot No.1173, 1174 and 1175 described in Schedule I fell in the share of Satyanand Kumar. Satyanand Kumar and his sons constructed double storied house on the said land in the eastern side and still major portion in the western side is used as Sahan. The house constructed forms one block which has been described in Schedule II.