RAGHUNATH TIWARY Vs. RIKHIYA

JUDGEMENT

(1.) This second appeal is at the instance of defendant 1st party. One Lachuman Tewari had two sons, namely, Ram Lochan Tewari and Jaimangal Tewari (defendant 4). Jaimangal Tewari had two sons, namely, Bir Bahadur Tewari (defendant 5) and Kapildeo Tewari (defendant 6). Ram Lochan Tewari died some time in the year 1963. He had three sons, namely, Mathura Tewari, Ragho Tewari (defendant 1) and Raghunath Tewari (defendant No. 2) Thakurji Tewari (defendant 3) is the son of Raghunath Tewari. Although there was some controversy between the parties earlier, the findings of fact arrived at by the lower appellate Court is that Mathura Tewari died in the year 1938 after the coming into force of the Hindu Women"s Rights to Property Act, 1937, leaving behind Mst. Rikhiya (plaintiff 1), his widow and Smt. Parbati Devi (Plaintiff 2), his daughter.

(2.) The two plaintiffs instituted the title suit namely, Partition Suit No. 353 of 1967, out of which this second appeal has arisen, against the defendants for declaration that they were entitled to half share in the joint family property described at the foot of the plaint. There was also a prayer for partition and allotment of the share in their separate takhtas. The defendants contested the suit.

(3.) The trial Court decreed the suit allowing the plaintiffs 1/9th share in the properties sought to be partitioned. Defendant 1st party was held entitled to 8/9th share in the said property. The plaintiffs carried the matter in appeal. The lower appellate Court decreed the suit in full thereby allowing the plaintiffs eight annas interest in the suit property. The defendant 1st party has now carried the matter in second appeal.