JAIKARAN MEHTA Vs. JAIKARAN MEHTA

JUDGEMENT

(1.) THE defendants have filed this First Appeal against the Judgment and Decree dated 14.12.1974 passed by the learned Subordinate Judge, Purnea in Title Suit No.115 of 1968 whereby the Court below decreed the plaintiff's suit for partition to the extent of 1/3rd share in the suit property.

(2.) THE plaintiff respondent filed the aforesaid suit claiming 8 ana share in the property described in Schedule 'A' to the plaint and 5 ana 4 pies share, i.e. 1/3rd share in the properties described in Schedule 'A(1)' to the plaint and in the alternative, the plaintiff prayed for partition claiming 5 ana 4 pies share, i.e., 1/3rd share in both the scheduled properties.

(3.) THE plaintiffs claimed the aforesaid relief alleging that three sons of Prem Mahton, namely, Amar Singh Mahton, Amrit Singh Mahton and Kunwar Singh Mahton died in the state of jointness and after their death, their sons and grand sons continued as joint. The joint family had possessed joint landed property. The parties to the suit also acquired properties in the name of one member or the other out of the joint family property. Although the plaintiff separated from the defendants but still there is no partition and the parties are cultivating lands according to their convenience. Defendant No.10, 11, and 12 are the brothers of defendant No.1. The plaintiff No.1 and defendant No.1 acquired 34.91 acres land in Mauza Pothia and 10.39 acres in Mauza Mohamadpur in equal share by registered Kabuliyat dated 08.01.1937 through settlement and after settlement, they are coming in joint possession of this settled lands which is described in Schedule 'A' to the plaint. The defendant No.1 being the elder member of the joint family was looking after the revisional survey operation who got wrong entry in the record of right. Therefore, the plaintiff filed the suit claiming the aforesaid relief for partition.