RAGHUBANSH MANI Vs. LAKSHMAN PRASAD

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned counsel for the respondents.

(2.) THIS Second Appeal arises out of a judgment and decree dated 7.8.2003 by which the learned 1st Addl. Fast Track Court at Siwan allowed T.A.No. 132 of 1998 and reversed the judgment and decree dated 24.9.1988 passed by the learned Vlth Sub -Ordinate Judge, Siwan dismissing Title Suit No. 109 of 1994 filed by the plaintiff -respondent no.1.

(3.) FROM the records of the case it appears that Badri Prasad had two sons, namely Bhagwan Prasad and Lakshman Prasad, and daughters including Kanti Devi, deceased wife of defendant no. 2 Raghubansh Mani (appellant no. 2 in this case). It is not in dispute that the suit properties along with several other properties were the ancestral properties of the family and there was a partition between the aforesaid Badri Prasad and his brother in the year 1956, according to which the properties involved in the instant suit as well as some other properties came into the share of Badri Prasad. Thereafter, there was Title (Partition) Suit No. 36 of 1963 between Badri Prasad and his wife and two sons, which was disposed of on compromise, according to which the suit properties along with some other properties fell into the share of the two sons of Badri Prasad, namely Bhagwan Prasad and Lakshman Prasad, and his wife. Thereafter Title (Partition) Suit No. 66. of 1964 was filed which was contested between the said two sons, namely Bhagwan Prasad and Lakshman Prasad, and their mother which was also decided on compromise, according to which the suit property along with some other properties fell into the share of two brothers, namely Bhagwan Prasad and Lakshman Prasad.