PRABHU SAHAY MUNDA Vs. JUNAS MUNDA

JUDGEMENT

(1.) The appeal by defendants 1 and 2 arises out of a suit for partition of the half share of the two plaintiffs in the family properties, out of 101.96 acres of land appertaining to Revisional Survey Khewat Nos. 3, 4/1 and 4/2 of village Gondra within Police Station, Torpa in the district of Ranchi; the details of which have been described in the schedule appended to the plaint.

(2.) It will be useful to give below the genealogical table of the family of the parties: <FRM>JUDGEMENT_430_AIR(PAT)_1966Html1.htm</FRM>

(3.) Shortly stated, the plaintiffs case is that the lands in dispute at the time of cadastral survey appertained to C. S. Khewat No. 4/1 and khata No. 8 under khewat No. 3, which were jointly recorded in the names of Junas, Prabhudeyal, Nabin and Nethenial, sons of Masidash, on one side; and Mansidh, grandfather of the plaintiffs, on the other, in equal shares. At the time of revisional survey, the defendants, however, surreptitiously got the aforesaid khewat split up, with the result that C. S. Khewat No. 4/1 was split up into two khewats, namely, khewat No. 4/1, being recorded in the names of the defendants, and khewat No. 4/2, being recorded in the names of the plaintiffs. Similarly, khata No. 8 under khewat No. 3 was split up into four khatas, namely, khata No. 19, which was recorded jointly in the names of the parties in equal shares, khata Nos. 20 and 21 were recorded exclusively in the names of the defendants; whereas khata No. 32 was recorded only in the names of the plaintiffs. The plaintiffs allege that the lands in the said khewats and khatas were distributed unevenly.