DHURPATIA DEVI AND ORS. Vs. GENIA AND ORS.

JUDGEMENT

(1.) THIS First Appeal has been filed by the defendant No. 1 against the Judgment and Decree dated 31.08.1976 passed by learned IIIrd. Addl. Subordinate Judge, Siwan in Title Suit No. 111 of 1967/66 of 1975 whereby the Court below has decreed the plaintiff respondent's suit in part with respect to some of the suit plots only to the extent of 1/4th share in plot No. 167/266 of Khata No. 148, 1/6th share in the lands of Khata No. 352, i.e., schedule No. II and 1/8th share in plot Nos. 1/2632, 1/2693 and 1/2694 of R.S. Khata No. 169 and with respect to their 1/4th share in R.S. plot No. 147 of Khata No. 176.

(2.) THE plaintiff respondent had filed the aforesaid suit claiming partition to the extent of 6 anas in schedule 1, 7 anas 3 pie in schedule 1/ka, 1/6th share in schedule 2 and 1/8th share in schedule No. 3, 3 anas in schedule No. 4, 8 anas in plot No. 142, 5 anas 4 pie in plot No. 147.

(3.) THE third son of Radhey Bind, namely, Balwant Bind had three sons. The heirs of Balwant are defendants No. 34 and 35. The entire land of Balwant was sold in auction before revisional survey and one Raj Kumar Lal purchased the same but again two sons of Balwant, namely, Sundar Bind and Gurdhani Bind again purchased the said land. Therefore, only their names were recorded in revisional survey record. The daughter of Sundar Bind and Raghu Bind sold their shares to defendants No. 2 to 14.