SHEO RATAN PRASAD GUPTA Vs. PREMA DEVI

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree dated 20.1.93 passed by Sub-Judge, First Court, Dhanbad, in Title (Partition ) suit No. 55 of 1990, accepting the compromise petition and passing decree in terms of the compromise it self.

(2.) The above mentioned Partition suit was filed by the plaintiff-appellant for 1/4 the share in the movable and immovable properties contained in schedule-A, B and C to the plaint and for carrying out a separate Takhta in his favour and also for appointment of Receiver till the pendency of the suit besides of there reliefs.

(3.) It is the case of the plaintiff-appellant that Ram Chandra Prasad Gupta, the father of the plaintiff was the Karta and the manager of Mitakshra Hindu undivided family and the said Ram Chandra Prasad Gupta being the Karta and Manager of the joint family acquired various landed and house properties from the funds of the joint family in his own name and in the name of his wife, the defendant No. 1. The joint family has various businesses of clothes, ration and Ata chakki etc. in the name of different co-parceners of the joint family. The properties mentioned in Schedule A to the plaint were purchased by Ram Chandra Prasad Gupta on 11.4.1969 from the funds of the joint family. By another registered deed of sale dated 11.4.69, the properties described in item No. 2 of Schedule-A was also purchased by Ram Chandra Prasad Gupta in the name of defendant No. 1, his wife, but the purchase was from the Hindu joint family funds. A market complex was constructed in the aforesaid item Nos. 1 and 2 of the Schedule-A premises consisting of 41 shops there in. In the ground floor in one shop room, the plaintiff is running a Manihari shop and Anr. shop of Ata chakki in the ground floor is being run by defendant No. 2. The other shops are allotted to different tenants. Item No. 3 of Schedule-A land and properties thereon are subsequently shown to be sold in the name of defendant No. 1 by a sale deed dated 12.10.83 by Ram Chandra Prasad Gupta. In this land also, there is a market complex consisting of 12 shop rooms constructed thereon from the joint family funds and allotted to different tenants. Item No. 4 of Schedule-A to the plaint was also purchased from the funds of the joint family in the name of defendant No. 1. Similarly, item No. 5 was purchased in the name of Ram Chandra Pd. Gupta while item No. 6 was purchased in the name of Smt. Mina Devi Gupta, but all were purchased from the joint family fund. Item No. 7 was alleged to be purchased from the joint family funds in the name of Ram Kishun Prasad Gupta. Similarly, Schedule-B properties-were also acquired from the fund of the joint family and the movable properties in Schedule C are said to be in the custody of the defendants, although' the same belonged to the joint family. Ram Chandra Prasad Gupta died on 29.7.88 leaving behind the plaintiff and the defendants as his heirs. Since after the death of Ram Chandra prasad Gupta, the plaintiff and the defendants remained joint in mess, business and property, but some days after his death, the defendants became hostile against the plaintiff and started torturing him and his wife, as a result of which, he was compelled to separate himself in mess from the defendants, but the plaintiff asserted that he is entitled to the share in all properties described in Schedule-A, B and C to the plaint and when the plaintiff has been denied of his share and partition of the same, the suit has been filed.