PHUL KUMARI DEVI Vs. SAMBHU PRASAD SINGH

JUDGEMENT

(1.) This is an appeal from the decisions of Choudhary, J. in F. A. No. 357 of 1951. The appellant, who was also the appellant before Choudhary, J., is defendant No. 1 in a suit for partition instituted in 1949 by the two plaintiffs, father and son. The father Manku Prasad Singh, however, died during the pendency of the First Appeal.

(2.) The property of which partition is sought is a house situated in Mohalla Muharrampur Bhanwar Pokhar, in the town of Patna, bearing Old. Holding No. 101 and New Holding No. 153, within Circle No. 14, of the then Patna City Municipality. The plaintiffs (now the sole plaintiff Sambhu Prasad Singh) claim -/8/- annas share in the disputed house and want their share to be carved out and allotted to them exclusively. It has been alleged in the plaint that the remaining -/8/- annas share to the house belongs to the defdts and that the plffs and the defendants have been in joint possession and occupation of the same as co-sharers. It has further been alleged in the plaint that on account of the house remaining joint, there has been apprehension of conflict relating to "shares to the repair and occupation thereof" and that of late due to ill-feeling" there is apprehension of dispute in the possession and occupation of the plaintiffs and the defendants". It is said that on behalf of the plaintiffs a proposal was, therefore, made for partitioning the house amicably, but the defendants have been putting it off, and hence the necessity for instituting the suit.

(3.) Defendant No. 1 is the widow of Baijnath Pd. Singh alias Nanu Babu, who died sometime in 1948, and defendant No. 2 is his first cousin. Defendants Nos. 3 to 7 are the sons of defendant No. 2.