KAULESHWAR PD. SINGH Vs. PAMILA DEVI

JUDGEMENT

(1.) This First Appeal has been filed by the appellants herein (defendant no.2 and his sons defendant nos.9 and 10 in the suit) against the preliminary decree dtd. 31/3/1987 passed by the learned Sub Judge VI, Patna in Title (Partition) Suit No.218 of 1974/46 of 1986 decreeing the suit on contest with cost against defendant nos.1 to 11 wherein a preliminary decree was passed for 1/3rd share of the plaintiffs and 1/3rd share of co-plaintiff nos.4 to 6 and also 1/3rd share of the defendant nos.1 to 11. It was further held that after preparation of preliminary decree, on separate petition of the plaintiffs, a Survey Knowing Pleader Commissioner will be appointed to carve out separate takhta of 1/3rd share each of the parties as per the terms of the preliminary decree.

(2.) For the sake of convenience, the parties where required shall be referred to in terms of their status before the learned trial Court.

(3.) The facts, in brief, are that the plaintiffs filed suit for partition being Title (Partition) Suit No.218 of 1974 (46 of 1986) seeking 1/3rd share in the joint family property as the parties to the suit are Joint Hindu Family governed by the Mitakshara School of Hindu Law and are related to each other as shown in the Genealogical Table given below: