CHANDRESHWAR NONIA AND ORS. Vs. SUNDARI AND ORS.

JUDGEMENT

(1.) This first appeal has been filed by the defendants -appellants against the judgment and decree dated 21.01.1969 passed by the learned 3rd Additional Sub -Ordinate Judge, Chapra in Partition Suit No. 90 of 1963/42 of 1966, whereby the learned court below decreed the plaintiffs' suit for partition granting 1/3rd share in the suit property.

(2.) It may be mentioned here that earlier, this first appeal was heard and finally disposed of on 19.01.1980. The respondents thereafter filed Letters Patent Appeal. The L.P.A. Court set aside the judgment of the Single Judge on the ground that Order 41 Rule 31 of the Code of Civil Procedure has not been complied with and then remanded the matter for a fresh decision. Thereafter, I heard the appeal.

(3.) The plaintiffs -respondents filed the aforesaid partition suit praying for decree of their share to the extent of 1/3rd in the suit property. The plaintiffs claimed the said relief of 1/3rd share on the ground that one Gobardhan Nonia had three sons, namely, Kumar Nonia, Bhoj Nooonia and Rajman Nonia. The defendants represent the branch of Kumar Nonia and Bhoj Nonia, whereas the plaintiffs are widow and daughters of Rajman Nonia. According to the plaintiffs' case, there was only separation between three brothers but, no partition by metes and bounds ever took place. After the death of Rajman Nonia in the year 1920, his widow, plaintiff No. 1 inherited the share of Rajman Nonia in the suit property. Thereafter, she on 09.08.1952, gifted the entire share to her three daughters, who are plaintiffs, by registered gift deeds. Since there was no partition, they filed partition suit.