DEO SHARAN SINGH Vs. GIRIJA DEVI PURPORTED

JUDGEMENT

(1.) Petitioners are the defendants in the partition suit bearing T.S. No. 261 of 2007 filed by the respondent-plaintiff for partition of joint family property, described in Schedule-A of the plaint.

(2.) An amendment petition in the aforesaid suit was filed by the plaintiff on 25/1/2018 stating therein that survey khatiyan pertaining to Khata No. 143 was prepared in the name of Deo Sharan Singh, S/o Late Bindhyavasni Singh and survey khatiyan pertaining to Khata No. 219 was prepared in the name of Bindhyavasni Prasad Singh, Deo Sharan Singh and Girija Devi, W/o Bindhyavasni Singh and the plots involved in both the Khata Nos.- 143 and 219 are the properties belonging to the joint family. The plaintiff was not having any knowledge about the aforesaid two khatiyans at the time of filing of the partition suit. Accordingly, the plaintiff sought to add by way of amendment Khata No. 143 having Plot Nos. 473, 2678, 2750, 2517, 2624, 2618, 2616, 2515, 423, 2630, 2514, 2752, 2521, 2620, 2622, 412, 424, 2675, 2734, 2621, 425, 2675, 2735, 2615, 2516, 419, 483, 2876, 2617, 2619, 2523, 420, 415, 472, 2512, 2746, 422, 482, 2513, 823, 39 ; Khata No. 219 having Plot No. 1004 and the areas of the aforesaid khatiyan in Schedule-A to the plaint, which has been allowed by the impugned order dated 16 / 04 / 2018 passed by the learned trial court with cost of Rs.1500.00 holding that addition of plots / joint family property in the partition suit shall not change the nature of the suit and for the purposes of effective adjudication of the partition suit the amendment sought by the plaintiff can be allowed even at belated stage.

(3.) The plaintiff-respondent filed the partition suit in question claiming herself as the legally wedded wife of Late Bindhyavasni Singh and the mother of the petitioner no.-1 /defendant no. 1- Deo Sharan Singh. She claimed half share (1/2) in the joint family property described by her in Schedule-A of the plaint. The petitioners / defendants appeared in the suit and filed their joint written statement contending therein that the plaintiff-respondent is not the wife of Late Bindhyavasni Singh nor she was married with Late Bindhyavasni Singh. She is an imposter of Girija Devi, the real wife of Late Bindhyavasni Singh, who died on 24/6/2002. It has further been stated that respondent was the maid servant of Bindhyavasni Singh and was never married with him. The petitioners further contended that the petitioner no. -1 is not the son of the plaintiff and has not taken birth from her and the plaintiff - respondent has falsely stated this fact in the plaint that the petitioner no. 1 is her son. It has further been contended that in the family of the petitioners partition has already taken place and thereafter separate khatiyan was prepared in the name of Bindhyavasni Singh and that of the petitioner no. 1 for the land allotted to them, which they have already dealt with.