RAMANAND PANDIT Vs. JANGALI PANDIT

JUDGEMENT

(1.) This appeal arises out of a suit for partition pure and simple. The plaintiff sought decree with respect to his 1/5th share in the land of plot No. 1259 measuring 1.33 acre or 2 bighas 2 katbas 11 dhurs fully described in Schedule 'Kha' of the plaint. The suit having been dismissed, the plaintiff has come in appeal.

(2.) The common ancestor of the party was one Gobardhan Pandit. He died leaving behind widow Mostt. Budhlya and six sons, namely, Ram Kishun, Hari Kishun, Ram Das, Ram Charan, Raghunath and Raghunandan. The plaintiff is the son of Ram Charan while contesting defendants are of the branches of Ram Kishun and Raghunath. The sons of Hari Kishun and Ram Das are defendant Nos. 2 to 8 respectively. Except defendant No. 2, they supported the plaintiff's case-Raghunandan is said to have died issueless.

(3.) According to the plaintiff's case, the suit property belonged to Mostt. Budhiya until her death in 1948. It is said that the family was possessed of five Khaparposh houses. Mostt Budhiya during her life-time in 1936 allowed the aforesaid five Khaparposh houses along with the land over which houses stood to her five sons in the following manner. Ram Kishun was allotted house along with 2 kathas and 10 dhurs land comprising plot No. 518 ; Hari Kishun was allotted 2 kathas land comprising plot No. 532 and the house. Ram Das, Ram Charan and Raghunath likewise were allotted lands comprising plot Nos. 514, 529, 521 measuring 2 kathas, 2 kathas and 1 katha 5 dhuts respectively along with houses standing thereon. After death of Budhiya in 1948, the five brothers came in joint possession of the suit land which is agricultural in nature. However, as per their convenience, they occupied portion of the land, It is said that on account of the difficulties experienced in payment of rent demand for partition by metes and bounds was made which was refused. In the circumstances, the suit was instituted.