BATAI BALA DASI Vs. CHABILAL SEN

JUDGEMENT

(1.) This appeal arises out of a suit filed by the plaintiffs for partition. The three plaintiffs are the daughters of late Mochi Ram Sen. He died leaving behind Gangadhari as his widow. She also died later on Mochi Ram Sen had five daughters, out of them three are the plaintiffs and the fourth Subi Bala died in 1962 leaving Amar Nandi as pro forma defendant No. 1, whereas the fifth daughter Moni Bala died about 25 years ago leaving Nitai Nandi and Tarni Nandi who are pro forma defendants 2 and 3.

(2.) Both the plaintiffs and the defendants originate from one common ancestor. It is relevant at this stage to set out the genealogical table as given by the plaintiffs: <FRM>JUDGEMENT_147_AIR(PAT)_1974Html1.htm</FRM> On a perusal of this genealogical table, it will appear that Raghunath Sen had three sons, namely, Mochi Ram Sen. Fakir Ram Sen and Panchanand Ram Sen. Kedarnath Sen had one son named Chhabi Lall Sen (defendant No. 1). The case of the plaintiffs is that the lands described in the schedules attached to the plaint were jointly recorded in the survey settlement in the name of Mochi Ram Sen, father of the plaintiffs. Fakir Ram Sen, father of defendants 2 to 5, and Panchanand Ram Sen, father of defendants 6 to 8 and Chhabi Lall Sen (defendant No. 1). On this footing the plaintiffs claim that Mochi Ram Sen died in a state of jointness and, therefore, they have brought the suit for partition of the properties.

(3.) The case of the plaintiffs, in short, is as follows:-- Mochi Ram Sen, the father of the plaintiffs, died in a state of jointness with his brothers Fakir Ram Sen and Panchanand Ram Sen and his cousin brother Chhabi Lal Sen. Plaintiffs 1 to 3 and the mother of pro forma defendant No. 1 are the only legal heirs of Mochi Ram Sen, Mochi Ram Sen, Fakir Ram Sen and Panchanand Ram Sen had jointly half share in the suit properties. Thus, the plaintiffs' father, Mochi Ram Sen, had 1/3rd share out of the half share in the properties. The other half share in the said properties belonged to defendant No. 1. It is for this reason that the three plaintiffs claim a joint share to the extent of 3/4th out of 1/6th share in the suit properties, and the pro forma defendant No. 1 is entitled to get 1/4th out of 1/6th share in the properties will go to the branch of Mochf Ram Sen, 1/6th to the branch of Fakir Bam Sen and 1/6th to the branch of Panchanand Ram Sen.