LAWS(PAT)-2012-3-16

RAM LAKHAN SINGH Vs. RADHIKA DEVI

Decided On March 13, 2012
RAM LAKHAN SINGH Appellant
V/S
RADHIKA DEVI Respondents

JUDGEMENT

(1.) THE defendant Nos.1 and 8 to 14 have filed this first appeal against the impugned judgment and decree dated 19.9.2006 passed by Sri Chandra Shekhar Pradhan, the learned Subordinate Judge-6th, Patna in Title Partition Suit No. 287 of 2003 decreeing the plaintiff respondent No.1's title partition suit to the extent of half share.

(2.) THE original plaintiff Radhika Devi, respondent No.1 filed the aforesaid Title Partition Suit No. 287 of 2003 claiming partition of half share in the suit property mentioned in Schedule 2 of the plaint.

(3.) ISSUE No.1 to 6 relates to maintainability of the suit, cause of action, waiver, acquiescence, limitation and valuation, court fee and non-joinder and mis-joinder of parties. ISSUE No.7 is whether Salikh Singh died in the year 1960 and Radhika Devi pre-deceased him or not and after her death the lands given for maintenance came in possession of Ram Sakhi or not. The main issue is issue No.8 which is as to whether Radhika Devi, the plaintiff is daughter of Salikh Singh or not. The other issues are relating to the maintenance of land given to Radhika Devi by her father and about the landed property of her Sasural.