SALABAT MAHATA Vs. SM MALATI MAHATANI

JUDGEMENT

(1.) This appeal by the defendants arises out of a suit brought by the plaintiffs for partition of their half share in the land bearing khata No. 126 situate in village Sukurhutu. One Sufal had two sons, Hariram and Banshi. The plaintiffs are the daughters of Hariram. Banshi had a son, Charan, who died leaving Salabat, defendant 1, and Bhagwat whose sons are defendants 2 and 3.

(2.) The case of the plaintiffs is that the land in suit belonged to Sufal, and, after his death, it was inherited by his two sons. Hariram and Charan were recorded in the survey record-of-rights as 'raiyats' of the khata in question, each having one half share. After the death of Hariram, the plaintiffs succeeded to his half interest in that khata and are in joint possession of the same along with the defendants. As it was not convenient to remain in joint possession, a suit for partition was brought.

(3.) The suit was contested by defendants 1 and 2. Their case is that the land in question did not belong to Sufal and that it was the self- acquired property of Charan. According to them, the plaintiffs and their father were never in possession of the land in suit and the entry in the record-of-rights was wrongly made. They also pleaded the bar of limitation.