HEMA DEVI Vs. RAGHAW SINGH

JUDGEMENT

(1.) THE defendants have filed this First Appeal against the judgment and preliminary decree dated 22.12.1975 passed by the learned 5th Additional Subordinate Judge, Motihari in Partition Suit No. 109 of 1972/127 of 1974.

(2.) THE original plaintiff -respondent, Naga Singh filed the aforesaid partition suit for partition of his 1/4th share in the suit property. After death of his father, the plaintiff claimed 4 3/4th share. The plaintiff claimed the relief of partition alleging that Bhukhlal Singh had two sons namely Rama Nand Singh and Ramautar Singh. Rama Nand Singh had three sons namely Nagina Singh, Rajendra Singh and Lal Babu Singh. Rama Nand Singh, the first son is original defendant whereas Ramautar Singh, the second son of Bhukhlal Singh is defendant No. 2. Both of them have died. The sons of Rama Nand Singh are defendant Nos. 3 to 5. The plaintiff alleged that all the parties are members of joint family. The plaintiff retired from Military service in 1962 and joined in cultivation with his father. By their hard labour, improvements were made and out of their income, properties were purchased in the names of one member or the other. A saw mill was started and also a tractor was purchased out of the said income. Defendant No. 1, Rama Nand Singh being the eldest brother was Malik and was managing the joint family properties. The father of the plaintiff namely Ramautar Singh being illiterate man was under influence of his elder brother, Rama Nand Singh. The plaintiff demanded partition but the defendant No. 1 refused. Therefore, the suit was filed.

(3.) ON the basis of the aforesaid pleadings of the parties, the following issues were framed by the court below: