SWARNAMOYEE SINGH Vs. NOMITA SINGH

JUDGEMENT

(1.) The Letters Patent Appeal has been filed against the judgment and order dated 1-2-1994 passed in C.W.J.C. No. 2866/83.

(2.) The relevant facts of the case are that one Kali Prasad Singh had three sons, namely, Benga Lal Singh, Jai Govind Singh and Atul Chandra Singh. There was a partition amongst the brothers by registered deed and Benga Lal Singh got 21.98 acres of land. He had four sons, namely, Shyama Pado Singh, Shanti Pado Singh, Barin Kumar Singh and Asim Kumar Singh. Shyama Pado Singh died during the pendency of writ petition leaving behind his widow Namita Singh, two sons, namely, Dilip Kumar Singh and Vidyut Kumar Singh and three daughters, namely, Shivani Rai, Bansani Singh and Indrani Singh. For better appreciation of the facts genealogical table is given here-in- blew:- <FRM>JUDGEMENT_892_BLJR2_2003Html1.htm</FRM>

(3.) Benga Lal Singh was appointed sardar and he was given 36.06 acres as sardari jagir in lieu of service rendered to the land-lord. He was in possession of the said land at the time of vesting of zamindari. The said land did not vest as per the provision of the Bihar Land Reforms Act and he became raiyat of sardari jagir on payment of rent. He was paying rent to the land-lord under receipt. In the year 1958 Shyama Pado Singh separated from his father and he got 12.13 1.2 acres of land which includes jagir land of Benga Lal Singh. Since then he was leaving separately from his father and brothers. There was also a registered partition in the year 1976 in between Benga Lal Singh and remaining three sons and they were living separately.