KAMESHWAR PRASAD SINGH Vs. MITHILESH KISHORI DEVI

JUDGEMENT

(1.) This appeal by defendants 1, 2, 5, 6 and 8 is directed against the judgment of this Court passed in First Appeal No. 476 of 1952 by a learned Judge sitting singly. The suit out of which this appeal arises was for partition of the plaintiff's one-tenth share in the properties described in the plaint.

(2.) It appears that Thaluirai Sakat Singh had two sons, Thakurai Senath Singh and Thakurai Bulaki Singh. Thakurai Senath Singh had a son, Thakurai Shiva Prasad Singh and the latter had a son, Thakurai Basant Singh. Thakurai Basant Singh had two sons, Rai Kishun Dayal Singh and Thakurai Mahipal Singh. Rai Kishun Dayal Singh died issue-less, but Thakurai Mahipal Singh bad three sons, Thakurai Devanath Singh, Rai Jadunath Singh Bahadur and Thakurai Dwarika Prasad Singh. Thakurai Devanath Singh had five sons, namely. Thakurai Janki prasad Singh., Tulsi Singh, Raja Govind Prasad Singh, Lachmi Prasad Singh and Adit Prasad Singh. Thakurai Janki Prasad Singh had one son, Thakurai Radha Binayak Singh who died while he was a minor. The third son, Raja Gpvind Prasad Singh had four sons, of whom the first one was Kumar Girwar Prasad Singh (Raja Bahadur). Rai Jadunath Singh Bahadur had two sons, Thakurai Bindeshwar Prasad Singh and Thakurai Parmesh-wari Prasad Singh. Defendant No. I is the first son of Thakurai Bindeshwar Prasad Singh. Thakurai Parmeshwari Prasad Singh had five sons and the fifth one was Baneshwar Prasad Singh whose widow is the plaintiff in the present suit. Defendant No. 9 is the widow of Thakurai Ambikeshwar Prasad Singh, the second son of Thakurai Bindeshwar Prasad Singh. Defendants 2 and 3 are the sons of defendant No. 9. Defendants 4, 5, 6, 7 and 8 are the branch of Thakurai Parmeshwari Prasad Singh.

(3.) The case of the plaintiff was that the immovable properties described in schedules, A and B of the plaint commonly known as Kanchanpur for and certain movable properties described in Schedule C were joint properties. Her case was that Thakurai Jadunath Singh had two sons, Thakurai Bindeshwari Prasad Singh and Thakurai Parmeshwari Prasad Singh and they jointly owned the properties. Thakurai Bindeshwari Prasad Singh was the karta of the joint family after the death of his father, and his brother Thakurai Parmeshwari Prasad Singh died during his (Bhideshwari's) life time. In 1948 the husband of the plaintiff died as a member of the joint family and the plaintiff inherited her husband's share in the joint family properties according to the provisions of the Hindu Women's Right to Property Act and her share was one-tenth in those properties. With these allegations she instituted the suit on the 3rd July, 1950.