PARWATI DEVI Vs. KALAWATI DEVI

JUDGEMENT

(1.) A question has arisen in the present second appeal as to what are the duties and obligations of the first appellate Court being the final Court of facts in exercise of power under Section 96 of the Code of Civil Procedure: -

(2.) THE appellants in the present appeal are the legal heirs of the original defendant Ramadhar Thakur, whereas Respondent nos. 1 to 7 are legal heirs of the original plaintiff Ranglal Hazam. Respondent no.8 was one of the defendants in the trial Court.

(3.) PLAINTIFFS filed the suit seeking partition of the suit property as mentioned in Schedule I of the plaint as also Schedule II of the plaint and declaration that they had half share in the suit property. Plaintiffs claimed that one Bikarma Hazam had two sons, namely, Ranglal Hazam ( Plaintiff) and Raj Bali Thakur. Raj Bali Thakur had one son Bal Khila Thakur who had two sons, namely, Ramadhar Thakur (Defendant no.1) and Neur Thakur (Defendant no.2). The suit land was recorded in the name of Bikarma Hazam and the plaintiffs and defendants were in joint possession over the suit property and they had been cultivating the suit land separately according to their choice for the sake of convenience. The plaintiffs further pleaded that in an earlier suit between the parties, the plaintiff was granted a decree and out of vengeance, the defendants had been misappropriating the proceeds of the suit land which compelled the plaintiffs to bring the suit for partition.