MUNDRIKA SINGH Vs. BHARAT SINGH

JUDGEMENT

(1.) THE plaintiff had filed this First Appeal against the Judgment and Decree dated 31st March, 1979 passed by the learned 3rd Addl. Subordinate Judge, Siwan in title suit No.85 of 1974 / 23 of 1978 whereby the trial Court had dismissed the plaintiff's suit for partition.

(2.) THE plaintiff appellant filed the aforesaid suit for partition with respect to the suit property claiming 1/14th share in the Schedule I, 3/14th share in Schedule II & III and 3/28th share in Schedule IV of the plaint.

(3.) THE defendant No.4 is Biranjia, the mother of the plaintiff and the daughter of Nathuni are defendants 1 series who were impleaded on 24.01.1979. The defendant No.1 to 3 filed joint written statement and likewise the defendant No.4 series, daughters of Nathuni filed separate written statement. The main contesting defendants are defendant No.1 to 3. According to them, there is no unity of title and possession. Plaintiff is not the son of Nathuni Singh. Biranjia is not the wife of Nathuni Singh as such neither Biranjia nor plaintiff has got any concern with the suit property. According to the defendants, Nathuni had only one wife namely, Sanichari from whom he has got the son Bharat Singh. The defendant No.1(a) to 1(d) are the daughters of Nathuni Singh through Sanichari. Nathuni Singh died on 27.9.1966 leaving his widow Sanichari, defendant No.1 and 4 daughters, defendant No.1(a) to 1(d). Sanichari also died on 2.1.1975. The mother of the plaintiff, namely, Biranjia is the wife of Bhikham Singh and plaintiff being the son of Bhikham is full brother of Chandrika. The further defence is that Churaman Mahto died on 20thJanuary, 1946 leaving behind his two daughters. Mahangu and Nathuni never separated rather they were leaving jointly. Churaman Mahto executed a deed of gift in respect of his share in the property in favour of both the branches, Kanhai Mahto and Mahangu Mahto half and half and each branch came in possession half and half. The defendant No.1 and 2 are in possession of half of gifted property and defendant No.3 is in possession of other half. Some of the property remained with Churaman Mahto who subsequently gifted the same to defendant No.2, Dahari Singh.