DADAN TIWARY Vs. RAMJI TIWARY

JUDGEMENT

(1.) With the consent of the parties this appeal was heard for its final disposal when it was listed under the heading for hearing under Order XLI Rule 11 of the Code of Civil Procedure along with IA No. 4204 of 2003.

(2.) The appellant Dadan Tiwary has filed this appeal against the order dated 29.7.2003 passed by Subordinate Judge-IX, Sasaram, in TS No. 127/01 rejecting the prayer of appellant to appoint a receiver.

(3.) Brief facts of the case are that appellant Dadan Tiwary filed TS No. 127/01 against the respondents who are his brothers and nephews and his mother Manikraj Devi claiming his 1/4th share in the suit properties situate at Mauza Surajpura and Barun within Dawat PS mentioned in schedule 'kha' as well as properties described in Schedule-'Ka' of the plaint. His case is that the suit property is joint family property. Manikraj Devi had also filed Title Suit No. 398/2000 stating therein that the property described in Schedule-I of her plaint which is the property described in Schedule - 'Ka' of the plaint of appellant Dadan Tiwary except Plot No. 1187/512 of khata No. 78/31 measuring 9.5 decimals was purchased by her with her own money which she from time to time used to receive from her 'naiher' and she got a house constructed on it and the house was let out on rent and from the earning of house rent she got another house constructed the details of which are given in Schedule 'A' and 'B' of plaint. About her husband, her case was that he died on 26.1.1991 leaving her joint with respondent Nos. 1 and 2 and at that time appellant was separate in business and mess from his father and after the death of father of appellant, she and respondent Nos. 1 and 2 as legal representatives inherited the properties left by her husband. About the property described in Schedule-I of the plaint, her further case was that by a family arrangement in the year 1999 it was partitioned and a part of it which is described in Schedule 'A' was allotted to the share of respondent No. 1 Ramji Tiwary and with his consent it was allotted in the name of his wife and his two sons who are respondent Nos. 4 and 5 and another part which is described in Schedule 'B' of plaint was allotted to respondent No. 2 and with his consent it was allotted to his wife. Her further case was that as per partition in family arrangement, respondents came in possession of their shares and they got their names mutated and they have been paying rent of their shares and her husband in family arrangement document dated 5.9.1976 had admitted that she had acquired property with her stridhan. She further stated that when she purchased the property of Schedule -1 of her plaint, at that time the appellant was of tender age and had no source of income and she out of love and affection purchased some land in his name also and her husband had established the appellant in business by spending huge money and purchasing a house at Mauza--Digha, Patna, in the name of appellant. She filed suit for confirmation of partition of properties described in Schedule I of the plaint.