MADHAI KUMHAR Vs. SABI BEWA

JUDGEMENT

(1.) THIS second appeal has been preferred by the sole defendant in a suit for partition. The suit property is 2.65 acres (wrongly stated by the learned Munsif, Shri R. J. Pandey, as 2.25 acres) of culturable land in village Dugni, P. S. Saraikella, District Singbhum. THIS land admittedly belonged to two brothers, Jagar-nath Kumhar and Madhai Kumhar. The plaintiff is the widow and the defendant the brother of Jagarnath.

(2.) ACCORDING to the plaintiff:

(3.) THE trial Court dismissed the suit holding that the parties are not governed by the Dayabhaga School of Hindu Law, and that the plaintiff is entitled to get only 13 maunds of paddy by way of maintenance and not entitled to get half share in the suit land as claimed.