CHANDRA SHEKHAR PANDEY Vs. AWADHESH PANDEY & ORS

JUDGEMENT

(1.) The defendant No.1(since deceased and substituted) had filed this First Appeal against the part of the judgment and decree dated 29.01.1983 passed by the learned 2nd Additional Subordinate Judge, Chapra in Partition Suit No.84 of 1976/95 of 1981 whereby the learned Court below decided issue no.9 in favour of the plaintiffs-respondents.

(2.) The plaintiff-respondents had filed the aforesaid Partition Suit No.84 of 1976 claiming 13/32 share in the suit lands described in various schedules of the plaint. The plaintiff further prayed for declaration that the deed of gift dated 23.05.1962 and 28.05.1962 executed by Laxmina Kuer and Mathura Pandey in favour of defendant No.1 as fraudulent, illegal and void.

(3.) For deciding this First Appeal, the great details of the pleadings of the parties are not required to be stated herein. Therefore, only relevant portion is being stated for better understanding the case of the parties.