AWADHESH KUMAR MISHRA Vs. SONA DEVI

JUDGEMENT

(1.) THIS appeal has been preferred Under Order -43 Rule -1(u) C.P.C. against the order of remand dated 22.4.2002 passed by 4th Additional District Judge Siwan, in Title Appeal No. 19/92. The appeal was preferred against the Judgment and Decree passed in Title Suit No. 154/87 by Munsif -IV, Siwan, dated 30.4.92 whereby the suit for partition was decred in respect of the Scheduled lands.

(2.) THE grievance of the plaintiffs -appellants were that in Schedule -G (or Gaa) land they have got absolute right, title and interest as the same was self acquired property and hence the same can not be construed to be joint family property for the purpose of joint family partition. Several documents have been filed and oral evidence has been adduced but then the suit had been decreed.

(3.) THE vital issue in the suit was framed as to whether Schedule -G (Gaa) property the plaintiffs and the defendants have got half and half share and whether the defendants had absolute right, title and interest in that schedule and that issue had been decided in favour of the plaintiffs.