PARWATI DEVI AND ORS. Vs. BASANTI DEVI

JUDGEMENT

(1.) THIS first appeal has been filed by the defendants -appellants against the judgment and decree dated 21.09.1973 passed by learned Subordinate Judge -II, Gaya in Partition Suit No. 111 of 1968 whereby the court below decreed the plaintiff's suit for partition to the extent of half share in the suit property.

(2.) THE plaintiff -respondent filed the aforesaid suit for partition originally claiming 1/3rd share in the suit property alleging that the suit property belonged to Ganga Vishun Vaidya. He died leaving behind his widow and two daughters. Appellant No. 1 and plaintiff -respondent are two daughters. The widow was defendant in the court below. Therefore, the plaintiff -respondent filed the aforesaid suit claiming 1/3rd share. The widow i.e. mother of plaintiff -respondent died during the pendency of the suit, therefore, the plaintiff -respondent claimed half share in the suit property. Now, therefore, the dispute was between two daughters of Ganga Vishun Vaidya i.e. plaintiff -respondent and defendant -appellant No. 1, who are own sisters. The other two appellants are the sons of appellant No. 1. According to the plaintiff, Ganga Vishun Vaidya had purchased the land measuring 2.60 acres by registered sale deed dated 28th July, 1936 in the name of his wife, who was a benamidar. The father of the plaintiff was the real owner and was in actual possession. The mother had no source of income, therefore, by sale made by her mother in favour of defendant -appellant No. 1 did not convey any title to defendant -appellant No. 1.

(3.) ON the basis of the aforesaid pleadings of the parties the learned court below framed the following issues: - -