NATHUNI BHAGAT Vs. RAM BILASH SINGH

JUDGEMENT

(1.) THIS first appeal has been preferred by the defendants. It is against judgment and decree dated 11.4.1974 passed by the 1st Additional Sub Judge, Begusarai in Title Suit. 63 of 1968/4 of 1974 by which he has declared the title of the plaintiff to the extent of 8 bighas, 6 kathas and 4 dhurs in the lands described in the Schedule of the plaint.

(2.) I may first notice the facts which has been admitted before me as beyond controversy between the contesting patties. One Jawahar had two sons, namely Hiro and Mochan. Hiro died leaving behind him one married daughter, namely Khakri who was impleaded as defendant No. 7 in the suit. But subsequently because of her death during the pendency of the suit her heirs have been brought on record. The Hindu undivided family comprising of Hiro and Mochan owned and possessed some immoveable properties. The plaintiff under a registered sale deed dated 21.4.1968 (Ext. 1) purchased lands measuring 8 bighas, 6 kathas and 4 dhurs being part and parcel of 27 different plots lying under different khatas and touzis from Khakri out of her alleged 50% share in the properties of the aforesaid joint family. It is on the basis of this document that the present suit for partition has been filed for carving out his share in metes and bounds to the above extent.

(3.) THE trial court has primarily based its findings regarding severance of jointness on an interpretation of the gift deed dated 27.8.1937 (Ext. 2) which was executed by Mochan in favour of his daughter Khakri. THErefore, I would like to deal with this document first. THE purpose for which this gift was made, as detailed in the gift deed itself, has been noticed by me above. THE inference of jointness or otherwise of the family has been sought to be drawn from the details of the property as set in the said gift deed which is as follows: