BHRIGURAM PATHAK Vs. BHAGWATI KUER

JUDGEMENT

(1.) Arun Nath and Alam Nath were full brothers. Arun Nath died leaving behind his two sons-Amar Nath and Ajit Nath. Amar Nath left behind a son Bindeshwar Nath. Ajit Nath died leaving behind his widow Antav Kuer and three daughters namely Balamrit, Bhanumati and Bhawani. Bindeshwar Nath died leaving behind his widow Bhagwati Kuer. Alam Nath left behind his sons Achint Nath and Asankh Nath. Achint Nath died issue-less and Asankh Nath left behind his only son Biraj Nath.

(2.) On 21.5.1962, Birajnath executed a sale deed with regard to his undivided share in the suit property in favour of Rameshwar Pathak, who filed Partition Suit No. 105 of 1962 in the court of Subordinate Judge, for partition of his half share in the suit property. Bhagwati Kuer was impleaded as defendant No. 17 three daughters of Ajit Nath as defendants No. 2, 3 and 7 husband and two sons of defendant No. 3 as defendants No. 4 to 6.

(3.) Three sets of written statement, one on behalf of defendant No. 1, another on behalf of defendants No. 2 and 7 and third on behalf of defendants 3 to 6 were filed. By judgment and preliminary decree dated 2.2.1966, the suit was decreed.