ARJUN SINGH Vs. MATUKDHARI SINGH

JUDGEMENT

(1.) This appeal arises out of a suit for partition which was partly decreed by the Additional Subordinate Judge of Gaya by his judgment and decree dated 31-7-1947. The appellants are defendants 13, 14, 15 and 16.

(2.) There were three brothers named Deonarayan Singh, Gopi Singh and Ram Kishun Singh, Matukdhari Singh, the son of Gopi Singh, was the plaintiff, and the descendants of Deonarayan Singh and Ramkisun Singh were defendants. The appellants are the descendants of Ram Kishun Singh.

(3.) The plaintiff's case was that the family was joint till the month of Aghan 1350 Fasli but then the members of the joint family had separated in status but not in their properties. The plaintiff, accordingly, claimed a partition of the joint family properties.