PARWATI DEVI Vs. CHANDRADIP RAI

JUDGEMENT

(1.) The defendants have filed this First Appeal against the judgment and decree dated 14.06.1994 passed by the learned Subordinate Judge IV, Patna in Title Suit No.63 of 1972.

(2.) The original plaintiff, Jago Kuer, widow of Mahabir Rai had filed the aforesaid suit claiming her 2 Annas 8 Paise share in the properties described in Schedule I to VII. The plaintiffs claimed that Chain was the common ancestor who had sons namely Judagi, Kokil and Mahabir. Judagi died in First World War. Mahabir died in the year 1959 and thereafter Kokil died in the same year i.e. in 1959. The daughters of plaintiff namely, Deokali Kuer and Ramkali Kuer were made defendant nos.8 and 9. On the death of original plaintiff, Jago Kuer in the year 1984, the two grandsons i.e. 2 sons of Ramkali were substituted as plaintiff nos.1 and 2. Ramkali, the defendant no.9 was transposed as plaintiff no.3. The original plaintiff alleged that the parties are members of joint family. Judagi died in jointness. Kokil died in 1959 issueless in jointness with his brother, Mahabir and nephew, Deo Narain, son of Judagi. Thereafter, Mahabir died in the year 1959 leaving behind the plaintiff and two daughters, Deokali and Ramkali. Deo Narain died in the year 1962 in jointness. Chain, the common ancestor was the karta during his lifetime and on his death, Kokil became the karta and on his death, Mahabir became the karta and on the death of Mahabir, Deo Narain was the karta of the joint family. On the death of Deo Narain, the defendant no.1 is the karta. The joint family possessed large ancestral property and from the income of that joint family property, agricultural lands at various places have been acquired. The house at Chitragupt Nagar was also acquired out of the income of the joint family.

(3.) The genealogy table has been given by the plaintiffs which is admitted. The plaintiff claimed 2 Annas 8 Paise share alleging that on the death of Kokil, the joint family property devolved on the branch of Judagi and Mahabir half and half.