SAVITA DEVI Vs. UMA DEVI

JUDGEMENT

(1.) THE plaintiffs have filed this First Appeal against the Judgment and Decree dated 16th February, 1976 passed by the learned Addl. Subordinate Judge, VIth Patna in Title Partition Suit No. 129 of 1969/16 of 1973 whereby the learned Court below dismissed the plaintiff's suit for partition.

(2.) THE plaintiffs appellants filed the aforesaid suit for partition claiming 15 paise share of the plaintiff and 9 paise share of defendant No. 15 and 16 in the suit property.

(3.) ACCORDING to the plaintiff, there had been no partition between the parties with respect to the joint family property. The joint family possessed of highly productive culturable lands and out of the savings from the income of the lands, the joint family acquired land in different villages. The defendant No. 1 was in service as engineer. The brothers and father of defendant No. 1 advised him to start contract business, therefore, defendant No. 1 gave up his service and started contract business with the help of joint family fund. The contract business was at Ranchi and Durgapur. The fund of the joint family was invested in the said business. All the properties acquired out of the income from contract business are joint family property. The management of agricultural land remained with defendant No. 2 whereas the defendant No. 1 was in -charge of contract business. The joint family possessed of 125 biggha lands which is described in Schedule 1 whereas in Schedule 2, the house property has been described and in Schedule 3, there is description of movable property.