BACHANI KUER Vs. RAMA SHANKAR SINGH & ORS

JUDGEMENT

(1.) Heard Mr. Arbind Nath Pandey, learned counsel for the appellant. The appellants who were plaintiffs before the trial court are aggrieved by the judgment dated 31.1.2011 and the final decree dated 7.2.2011 passed by learned 2nd Additional District Judge, Rohtas in T.A. No. 36/02 whereby he has modified the judgment dated 24.1.2002 and the final decree dated 7.2.2002 passed by learned Sub-Judge-V. Sasaram in Title Suit No. 216/1964.

(2.) The parties in the present order are being described as per their party position before the trial court for the sake of convenience.

(3.) The plaintiffs had filed the suit being Title Suit No. 216/1964 seeking partition in the family claiming half share of land as described in the schedule to the plaint. The defendants/respondents contested the suit with the plea, inter alia, that partition in the family had already taken place 45-46 years ago which was complete and effected by metes and bounds with respect to the entire joint family property. The defendants also claimed that some of the properties described as joint family property were exclusively acquired by the defendants' family members after partition and the plaintiffs did not have any concern with the same. The suit was decreed in part by judgment dated 30.9.1964 against which the plaintiffs and defendants both preferred appeal before this court vide First Appeal No. 580/1969 and First Appeal No. 585/ 1969.