RAMBILAS MAHTO Vs. MAHABIR MAHTO

JUDGEMENT

(1.) Kedar Mahto, father of opposite parties 9 to 11 herein, filed Partition Suit No. 8 of 1959 in the court of Subordinate Judge, Palamau at Daltonganj for partition of his share in the properties described in the Schedule to the plaint. The Predecessors-in-interest of the petitioner as well as Oppositeparties 1 to 8 herein were defendants 1 and 2 as well as defendants 70 to 73 in the suit. The suit was decreed.

(2.) In the judgment and preliminary decree dated 26-7-1961 it was held that the plaintiff was entitled to the extent of one share out of 96 shares in all the other Khatas and 25 shares out of % shares in Khata No. 20 ; whereas in another land defendant Nos. 70 to 73 were entitled to 5 out of 96 shares. Defendants 70 to 73 the four daughters of Ramdihal Mahto were sisters among themselves and they jointly got 5 shares out of 96 shares in the disputed lands including Khata No. 20. The trial court, therefore, observed Thus there is no evidence contrary to hold that these defendants 70 to 73 have no shares in the disputed lands and it must be held that these four defendants have got five shares out of 96 shares in the Khata in dispute including Khata No. 20......and that the plaintiff is entitled to partition to the extent of one share out of % shares in all the Khatas except in Khata No. 20, in which the share of the plaintiff is 25 shares out of 95 shares and the plaintiff is entitled to a separate Takhta to the said extent and the defendants were never in possession by any private partition between the parties and that defendants 70 to 73 are also entitled to a separate Takhta to the extent of 5 shares out of % shares in all the Khatas in suit including Khata No. 20 and that the remaining share shall form a joint Takhta of the other defendants."

(3.) None of the defendants preferred any appeal against the preliminary partition decree and he plaintiff took steps for preparation of final decree. Thereafter a Pleader, Amin, Commissioner was appointed, who after preparing Takhtas submitted his report on 30-3-1967. Takhta No. 18 was prepared for defendants 70 to 73. No Takhta was prepared for defendants 1 and 2. Takhta No. 19 contained the lands which were not partitioned and left joint for those co- sharers who were not allotted separate Takhtas.