SIDHESHWAR PRASAD Vs. SIYASARAN PRASAD

JUDGEMENT

(1.) THE original plaintiff-appellant, Jashoda Devi has filed this First Appeal against the judgment and decree dated 8 th June, 1978 passed by the learned Subordinate Judge, Barh in Title Partition Suit No.6 of 1976 whereby the learned court below dismissed the plaintiff's suit for partition. During the pendency of the appeal, the sole appellant died and her legal representatives have been substituted.

(2.) THE plaintiff-appellant filed the said suit for partition of her half share in the suit property. According to the plaintiffs, the parties are members of joint family and there has been no partition in the joint family property. Mainly the case is that the common ancestor Triloki Mahto had two sons namely Nilkanth Mahto and Horil Mahto. Nilkanth Mahto had 4 sons namely Budhu Mahto, Karoo Mahto, Pairu Mahto and Somar Mahto. Horil Mahto had also

(3.) ON the basis of the aforesaid pleadings of the parties, the learned trial court framed the following issues: