RAMADHAR CHAUDHARY Vs. JANKI CHAUDHARY

JUDGEMENT

(1.) This is an appeal by the defendants from a partition suit. The plaintiff brought the suit for partition of the properties in dispute on the ground that defendant 1 was his father, and he has for a long time, been in the habit of taking 'bhang, and smoking 'ganja' and is wasting the property, and vexing the plaintiff in several ways, and as such it was not possible for him to remain in joint possession of the properties with defendant 1, and, therefore, he sought partition of his 8 annas share in the proper- ties in suit.

(2.) The defence of defendant 1 was that the plaintiff was not his son; and that he had only one wife, of whose womb no son or daughter was ever born. His wife died 28 or 29 years ago, and the plaintiff is aged only 19 to 20 years old, and as such he could not be his son. It was further alleged that the plaintiff was the son of one Parikha of village Ghordihi, where the plaintiff and defendant 1 resided.

(3.) The present suit for partition was filed on 4-4-51, defendant 1 appeared in the suit on 4-5-51, and filed his written statement on 4-6-51, and three days thereafter, that is, on 7-6-51, he executed a deed of gift in favour of defendants 2 to 5 in respect of the entire properties under partition alleging that they were his phuphera cousins, and looking after him, and he was living for the last 7 or 8 years with them in village Gossainpur. Defendant 1 also denied taking intoxication and wasting property. On 8-1-51, defendant 2 appeared and filed a petition asking the Court to make defendants 2 to 5 parties to the suit, and accordingly the Court below by an order dated 10-8-51 added them also as parties to the suit.