MOST. NILAM DEVI @ NEELAM SHINA WIDOW OF LATE DINESH SINGH RESIDENT OF VILLAGE BALUA POLICE STATION, MANER DISTRICT - PATNA Vs. LAKSHMAN SINGH @ LAXUMAN SINGH SON OF LATE SHEO NARIAN SINGH AND ORS.

JUDGEMENT

(1.) THE appeal is directed against the judgement and decree dated 4th of June 1988 passed by the 2nd Subordinate Judge, Patna in Title Partition Suit No. 220 of 1986 whereby the Appellant (Defendant No. 4) being aggrieved with the determination of her share in the joint family property as also on the question of validity of the gift executed by the Plaintiff No. 1, has preferred this appeal. In order to appreciate properly the controversy between the parties, it would be fruitful to reproduce the admitted genealogical table of the family.

(2.) THE court below upon considering the evidence on the record determined the share of the Plaintiff No. 1 being 37.50 paisa, Plaintiff No. 2 alongwith his sons Plaintiff No. 3 and 4 would get 25 paisa and the Defendant No. 1 with his two sons Defendant No. 2 and 3 would get 25 paisa and the Defendant No. 4, the widow of Dinesh Singh would be getting 12.50 paisa. As regard the deed of gift dated 11.10.1984 (Exhibit -A) the court below held that the deed of gift executed by the Plaintiff No. 1 is valid to the extent of her share in the joint family property. The Defendant No. 4, the appellant assailed the determination of share as well as on the question of gift executed by the Plaintiff No. 1.

(3.) DURING the pendency of this appeal, the Plaintiff No. 1 (respondent no. 1) died, as such, the determination of share between the respective parties gets altered is not in dispute.