HARENDRA RAI Vs. CHANDRAWATI DEVI

JUDGEMENT

(1.) This is an appeal against the judgment and decree dated 12-12-1975 passed by 3rd Addl. Sub Judge, Arrah in T. S. No. 44 of 1968/163 of 1974 whereunder he has dismissed the suit on contest with costs to the contesting defendants. The original appellant/plaintiff Shree Rai had filed the suit against the defendant 1st and 2nd sets and against the pro forma defendant No. 11 Harinandan Rai for declaration of his title and recovery of possession as well as for partition of the suit property mentioned in Schedule I of the plaint to the extent of half share in the property, measuring 56 acres consisting of several plots of Khata Nos.10. 284, 347. 194 of Mauza Situhari. P. S. Sahar, District Arrah (Bhojpur). There was also prayer for declaration that the deed of gift dated 20-12-1955 which is described by the defendants 1st set as a deed of surrender, executed by Rajbanshi Kuer in their favour, who are sons, daughters etc. of Bhagrasna and Phul Kuer with respect to the suit property, is not binding on him and that it is not a valid document.

(2.) The case of the appellant plaintiff in the plaint is that one Nand Rai was the common ancestor of the appellant plaintiff and defendant No. 11 Harinandan Rai. Nand Rai had four sons-Madhu Rai, Ram Sewak Rai, Prem Rai and Basawan Rai. Basawan Rai had two sons Ritu Rai and Bakhori Rai. Ritu Rai had three sons Sheodayal Rai, Mahabal Rai and Bishun Dayal Rai and among them Mahabal Rai died issueless. Sheodayal Rai had three sons - Ayodhya Rai, Pragash Rai and Dwarika Rai, Pragash Rai and Dwarika Rai died issueless. Ayodhya Rai had two sons- Baghamber Rai and Swamber Rai. Swamber Rai died issueless. Baghamber Rai had two sons Jageshwar Rai, the father of the original appellant-plaintiff Shree Rai, and Bisheshwar Rai, the father of the original defendant No. 11 Harinandan Rai. Jageshwar Rai had four sons Satyanarain Rai, Ramdeo Rai, Ramjanam Rai and Shree Rai. The branch of Satyanarain Rai became extinct. The sons and the grand sons of Ramdeo Rai are joint with the appellant plaintiff and the sons of Ramjanam Rai are separate from him.

(3.) It is further said that Bishundayal Rai (son of Ritu Rai) had three sons- Bhikhari Rai, Raj Kumar Rai and Pran Rai, among whom Bhikhari Rai and Pran Rai died issueless. Raj Kumar Rai had two sons Sahdeo Rai and Mahadeo Rai. Mostt. Bnikhmania was the widow of Raj Kumar Rai, Mahadeo Rai had two sons Jainarain Rai and Raghunath Rai. Jainarain Rai died leaving behind his widow Mostt. Rajbanshi Kuer and only son Ram Chandra Rai. Raghunath Rai had only two daughters Bhagrashna Kuer and Phul Kuer. Sahadeo Rai had two wives and he had a son Mahabir Rai through the first wife, and Mahabir Rai died issuefess. Rajwanti Kuer was the second wife of Mahabir Rai.