ASHA DEVI @ ASHA RANI Vs. RAM DEO SINGH

JUDGEMENT

(1.) Heard Mr. Surendra Kishore Thakur, learned counsel appearing on behalf of the appellants. The defendants before the trial Court are the appellants in this present Second Appeal which has been placed before me for hearing under Order 41, Rule 11 of the Code of Civil Procedure.

(2.) The appellants are aggrieved by the judgment and decree dated 30.7.2011 and 6.8.2011 respectively passed by learned 3rd Additional Sessions Judge, Patna City, Patna in Title Appeal No. 83/2008 whereby he has dismissed the appeal and affirmed the judgment and decree dated 8.5.2008 and 21.5.2008 respectively passed by learned Sub-Judge-II, Senior Division, Patna City, Patna in Title Suit No. 21/99 dated 8.5.2008 and 21.5.2008. Learned trial Court had partly allowed the suit in favour of the plaintiff.

(3.) The suit was filed for a decree of partition of suit property fully described in Schedules 1 and 2 of the plaint. As per the plaintiffs, who are the respondents in the present second appeal, Mathura Prasad Singh was the common ancestor of both the plaintiffs and defendants who died leaving behind his sons Sita Ram Singh. Sita Ram Singh died in the year 1978 leaving behind two sons Jagdeo Singh (original defendant No. 2) and Ramdeo Singh (the plaintiff No. 1).