RAMRATI DEVI Vs. BHUSHAN SINGH

JUDGEMENT

(1.) I have heard the learned senior counsel, Mr. S. S. Dwivedi on behalf of the appellant and the learned counsel, Mr. Jitendra Kishore Verma on behalf of the respondent under Order 41 Rule 11 C.P.C. Heard the learned counsels on the interlocutory applications No.7761 of 2012 and I.A. No.1939 of 2012 and also interlocutory applicationNo.1940 of 2012.

(2.) The defendants-appellants-appellants have filed this second appeal against the Judgment and Decree dated 14.12.2011 passed by the learned District Judge, Nalanda at Biharsharif in title appeal No.24 of 2011 whereby the lower appellate Court dismissed the title appeal and confirmed the Judgment and Decree of the trial Court dated 13.5.2011 passed by the learned Sub Judge I, Biharsharif in title (partition) suit No.140 of 2000).

(3.) The plaintiff-respondent filed the aforesaid partition suit claiming half share in the suit property. For the purpose of deciding the controversy between the parties, the facts which are only relevant is stated hereinbelow. According to the plaintiff, one Harkhu Singh had 4 sons, namely, Julum Singh, Gambhir Singh, Dilbodh Singh and Degnath Singh. The plaintiff is the son of Kalo Devi who was daughter of Dilbodh Singh whereas the defendants are representing the branch of Julum Singh. Degnath Singh and Gambhir Singh died in or about the year 1930 in the State of jointness with their brothers, Julum Singh and Dilbodh Singh. Julum Singh died in the year 1942 and Dilbodh Singh died in the year 1970 leaving behind his daughter Kalo Devi. Kalo Devi also died in the year 1995 leaving the plaintiff. Dilbodh Singh was mostly engaged in Puja path and Bhajan Kirthan.