DASAI MAHTO SINGH Vs. RAMAYAN MAHTO(SINGH)

JUDGEMENT

(1.) THE defendants have filed this First Appeal against the judgment and decree dated 22.10.1982 passed by the learned 3rd Additional Subordinate Judge, Sasaram in Title Suit No.130 of 1977 whereby the trial court decreed the plaintiffs- respondent's suit for partition.

(2.) THE plaintiffs-respondents filed the aforesaid suit for partition claiming 1/4th share in the suit property including khata no.16 of Bajitpur. According to the plaintiffs, their ancestor, Jeeta Mahto had 7 sons, namely Dilraj Mahto, Ramdahin Mahto, Fakira Mahto, Seeraj Mahto, Jodhan Mahto, Kuber Mahto and Naubat Mahto. The line of Dilraj Mahto and Ramdahin Mahto extinct. Jodhan Mahto had two sons and his line also extinct. The remaining descendants of 4 sons of Jeeta Mahto continued. The plaintiffs are the descendants of Naubat Mahto. The defendant no.1, Jhabar Mahto is the son of Kuber Mahto and the defendant nos.2 to 10 are descendants of Jhabar Mahto. Defendant nos.11 to 21 are descendants of Seeraj Mahto. Likewise, the defendant nos.22 to 28 are representing the branch of Fakira. There had been no partition between the parties and the property is in joint possession of the parties. However, the parties were cultivating separately the lands according to their convenience without measurement and partition by metes and bounds.

(3.) ON the basis of the aforesaid pleadings of the parties, many issues were framed by the trial court.