SIYARAM KUWER ALIAS SIYARAM KUMAR Vs. MAHENDRA KUMAR

JUDGEMENT

(1.) THE present revision application is directed against an order dated 21. 7. 92, passed by the subordinate Judge-l, begusarai in Title Suit no. 172/84 whereby and whereunder the prayer for amendment of the plaint, made on behalf of the plaintiff has been rejected. The suit is for partition. By the proposed amendment the plaintiff-petitioner has sought a declaration that the deed of Gift executed by their mother in the year 1980-81 was bad in law, in as much as, not binding on them, because the property being a joint property, the female did not have any right to execute the said Deed.

(2.) IN short, the relevant facts are that the plaintiff-petitioner filed Title Suit for partition of the suit land and carving out the 7/64th share in the suit property. According to the petitioner, his case in the court below was that defendant no. 1, who used to manage the joint family properties, is in actual know of the details of the joint family properties and accordingly, sought leave of the court to furnish the details if and when it would come to his knowledge. It was further stated in the plaint that after the death of his father his mother lost her sense and defendant no. 1 might got some statements made through his mother against the interest of the petitioner, about which the petitioner did not know and are not binding on him.

(3.) DEFENDANT no. 1 filed his written statement and denied the existence of any joint nucleous and asserted that the partition had already taken place in the year 1976, in which his mother was also given possession of her share. It was also stated that on 4. 11. 80 and 15. 9. 81 his mother executed a deed of gift in his favour with respect to 1 Bigha 5 Kathas 16 Dhura and 5 Bighas 2 Kathas 11 Dhurs land and since thereafter he has been coming in peaceful possession.