SHYAM NATH SINGH Vs. BHAGAT SINGH

JUDGEMENT

(1.) THE plaintiffs-respondents-appellants have filed this second appeal against the judgment and decree dated 26.7.1980 passed by the learned 1st Additional District Judge, Siwan in Title Appeal No. 209 of 1974/ 8 of 1977 whereby the lower appellate court allowed the appeal and reversed the judgment and decree of the trial court dated 13.8.1974 passed by the learned 2 nd Additional Subordinate Judge, Siwan in Title Suit No. 45 of 1967/ 10 of 1973.

(2.) THE plaintiffs respondents filed the aforesaid partition suit claiming 1/3rd share in the suit land. According to the plaintiffs 8 anas proprietary interest belong to Sidheshwari Sharan Singh and Fuleshwari Sharan Singh whereas 6 anas share belonged to Sarju Narayan Singh and others who are the ancestors of the defendants. The plaintiffs' ancestors i.e. Duniya Dayal Singh and Mathura Singh had 2 anas shares. Sidheshwari Sharan Singh sold his 2 anas 45 pais interest to Dunia Dayal Singh on 25.2.1936 and likewise 1 ana share was sold by Fuleshwari Sharan Singh to the plaintiffs. The defendants' ancestors purchased remaining 4/8 pai interest in the Tauji and thus they acquired 10 annas 8 pai interest in the Tauji and the plaintiffs acquired 5 anas 4 pai interest in the Tauji including the Bakast Gair Mazurawa homestead land. The total area of the Tauji was 61 Bigha 1 Kattha 10 dhurs. Out of the said Tauji 30 bigha land belonged to Most. Tapi Kuer who died before R.S. Therefore, the land of Tapi came in possession of the Malik and recorded as Bakast land. The further case of the plaintiffs is that there has been no partition between the parties. The parties are in joint possession of some of the land and are in separate possession of some of the land.

(3.) THE trial court decreed the plaintiffs' suit finding that the defendants failed to prove that Tapi Kuer belonged to the family of the defendants. The trial court also disbelieved the case of the parties.