LAKSHMAN SAH Vs. CHANDRAKALA DEVI

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned counsel for the respondent no.1 and learned counsel for the respondent no.4. No one appears on behalf of the respondent nos.2 and 3.

(2.) The instant appeal has been preferred against the judgment dtd. 23/3/2017 and decree dtd. 29/3/2017 passed in Title Suit no.3 of 2006 by the learned Sub Judge VII, Madhepura whereby the learned trial court was pleased to hold that there was jointness of title and possession of the plaintiff with the defendants over the suit property and that the plaintiff was entitled to 1/5th share in the ancestral property of her mother and father after their death. Learned trial court further held that the suit as framed was maintainable. She has valid cause of action, the suit was not barred under sec. 34 of the Specific Relief Act and thus decided the issue nos. 1, 2, 3 and 4 in favour of the plaintiff. The suit was allowed on contest ex parte against the defendant nos.1 to 3. It is against this judgment that the defendant no.1 has preferred the instant appeal.

(3.) The case of the plaintiff in brief is that Late Ramjee Sah and his wife Late Smt. Ram Dulari Devi, both deceased, were her parents and were having sufficient landed properties in Mauza Tulsiya, Sheikhpura and Baidyanathpur, details of which are given in Schedule I of the plaint. They had right, title and possession over the suit property. The names have been mutated in the records of the Revenue Department, they were paying rent and were being granted rent receipts. The plaintiff's father died in October 2000 followed by the plaintiff's mother on 6/2/2005. They died leaving behind three sons who are the defendant nos.1, 2 and 3 in the title suit and two daughters ie the defendant no.4 and the plaintiff. The defendant no.4 was married to one Birendra Sah. The plaintiff was married to Ashok Kumar Sah.