MAYA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The defendants have filed this second appeal against the judgment and decree of the Lower Appellate Court dated 14.10.1985 passed in Title Appeal No.55 of 1983 whereby the Lower Appellate Court allowed the appeal in part and thereby modified the judgment and decree of the trial court dated 27.05.1983 passed by 4th Additional Sub Judge, Arrah in Title Suit No.79 of 1980.

(2.) The plaintiffs filed the aforesaid suit for partition of the suit property alleging that the ancestor of the parties namely Bhikhari Choudhary had three sons. Mangal Choudhary died issueless in jointness with his brothers. Plaintiff is the grand-daughter of third son, Kanhai Choudhary being the daughter of Bishwanath Choudhary. The branch of second son of Kanhai and the first son of Bhikhari Choudhary are the defendants. According to the plaintiffs, there was separation between two sons of Kanhai but there was no partition by metes and bounds. Since the Chakbandi operation was going on in the village, the suit for partition has been filed for houses used for residential purpose, orchard and land having bamboos clumps which are exempted from Chakbandi operation. The plaintiffs claimed 1/4th share.

(3.) The defendants filed contesting written statement alleging that the plaintiff is not the daughter of Bishwanath Choudhary rather she was the daughter of Namjad Choudhary and sister of Manoj Choudhary of village Kosihan. The suit property are all for the purpose of agriculture and, therefore, the suit is not maintainable in view of the pendency of the consolidation proceeding as notification has been issued under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act.