KANTI DEVI Vs. DAMODAR NATH THAKUR

JUDGEMENT

(1.) Heard Mr. Jitendra Kishore Verma, learned counsel appearing on behalf of the appellant as well as Mr. Anil Kumar, learned counsel appearing for the respondents.

(2.) The defendants-respondents are the appellants. The plaintiffs- respondents filed partition suit No. 190/92/42/2006 claiming partition of the suit property to the extent of half share on the ground that the suit property was purchased jointly by registered sale deed dated 21.5.1959 for a consideration of Rs.700/-. The plaintiff contributed 50% i.e. Rs.350/-. There has been no partition between the parties and therefore plaintiff prays for a decree for partition may be passed.

(3.) The defendant claimed that in fact after taking Rs.1800/- the plaintiffs has surrendered his half share in favour of the defendant in the year 1960.