PRABHAKAR THAKUR Vs. SITARAM THAKUR AND ORS.

JUDGEMENT

(1.) This First Appeal has been filed by the defendant No. 1 against the judgment and decree dated 24.07.1979 passed by the learned 1st Subordinate Judge, Muzaffarpur in Partition Suit No. 120 of 1969 whereby the Court below decreed the plaintiff's suit for partition.

(2.) So far First Appeal No. 305 of 1985 is concerned, this First Appeal has been filed against the final decree pursuant to the preliminary decree which is the subject matter of First Appeal No. 821 of 1979. The Pleader Commissioner's report was confirmed by the Court below on 15.06.1984 and accordingly final decree was prepared.

(3.) The plaintiffs filed the aforesaid suit claiming half share out of Schedule I and II properties alleging that the common ancestor was Bahadur Thakur who had two wives. He had a son named Bulaki Thakur and from second wife, he had two sons, Baleshwar Thakur and Baijnath Thakur. The plaintiff No. 1 is widow of Bulaki Thakur and the other plaintiff Nos. 2, 3 are the sons of plaintiff No. 1. One daughter, Chandrawati Devi is defendant No. 8. The third son of Bahadur Thakur namely Baijnath Thakur from the second wife died issueless. Baleshwar Thakur had also two wives. From first wife, he had a son, Prabhakar Thakur who is defendant No. 1 -appellant. The second wife is defendant No. 2, Laxmi Devi and her sons are defendant Nos. 3 to 6. The further case of the plaintiff is that Baleshwar Thakur died on 25.02.1969. The joint family has got 20 bighas of land in different villages. The parties have also acquired different properties out of the surplus income of the joint family properties and the joint family properties stands in the name of different members of the joint family which are described in Schedule I and II. The further case is that the defendants 2nd party are the purchasers of joint family property from Baleshwar Thakur, therefore, they are made party defendant.