NARENDRA PANDIT Vs. HIRALAL PANDIT SON OF CHAMROO PANDIT; MOTI PANDIT MINOR SON OF HIRALAL PANDIT; KISHORI PANDIT; KRISHNA PANDIT AND ORS

JUDGEMENT

(1.) Appellants/plaintiffs (henceforth referred to as plaintiff) have filed instant appeal against the judgment dated 31.03.1990, decree dated 16.04.1990 passed by Ravindra Nath Verma, Sub-Judge, 1st Munger in Title (Partition Suit) No. 61/1982 partly decreeing the suit identifying 1/3rd share concerning Survey Plot no. 2163, 2164, 2165, 2167, 2238 and dismissed the suit relating to Survey Plot No. 1754, 1755 and 3159 along with other plot of Schedule B of the plaint as well as failed to acknowledge 1/4 share.

(2.) Inter se relationship amongst the parties is found detailed as per pedigree furnished hereinafter (Schedule- A):-

(3.) Shiboo Pandit was common ancestor who died leaving behind four sons, namely, Chamroo Pandit, Khakho Pandit, Phagu Pandit, Ganesh Pandit @ Baishakhi Pandit as well as properties detailed under Schedule-B of the plaint, wherefrom it is evident that sons of Phagu Pandit happens to be the plaintiff while remaining branches are the respondents/defendants (hereinafter referred to as defendant). It has been disclosed that plaintiffs and defendants constitute joint family governed by Mitakshara School. Even after death of common ancestor, Shiboo Pandit, jointness amongst his heirs continued and in likewise manner joint possession over the properties detailed under Schedule-B. In due course of time, plaintiffs have demanded partition which defendants declined and lastly, showing the cause of action on 19.08.1982, the date on which defendants flatly refused to partition the property, after paying requisite court-fee filed the instant partition suit asking for declaration of 1/4th share in the suit property, followed with appointment of pleader-commissioner to carve out separate patti whereupon plaintiffs be put in possession, cost of the suit, any other relief or reliefs the plaintiff is found entitled for.