RAJENDRA MAHTO Vs. LAKHAN MAHTO

JUDGEMENT

(1.) HEARD counsel for the appellant. Respondents have appeared through their counsel.

(2.) PLAINTIFF is the appellant. This second appeal has been preferred against the concurrent finding of the trial court as well as appellate court. Plaintiff 'ssuit was for partition of half share in the suit property and for declaration that the deed of gift dated 1.3.82 is illegal. Admitted case of the parties is that the joint family property was earlier orally partitioned and subsequently it was partitioned through registered deed dated 15.9.1979. After the partition the members of the joint family came in separate possession of their respective shares. Further case of the plaintiff is that the property which was given to the share of Ganuari Mahto the father of plaintiff no. 1 and defendant no. 2 was kept in joint stock subject to the final decision in Title Suit No. 47 of 1979. During the pendency of the suit Ganauri Mahto executed a deed of gift in favour of defendant no. 2 Subhadra Devi wife of defendant no. 1. During the pendency of the suit Ganauri Mahto died and Subhadra Devi was substituted in his place and the suit was decreed in favour of Ganauri Mahto who was plaintiff thus the property which were allotted in the share of Ganauri Mahto and transferred in favour of defendant no. 2 through registered deed of gift. With respect to that title and possession of defendant no. 2 was declared.

(3.) THE case of defendant nos. 1 and 2 was that after partition Ganuari Mahto executed deed of gift with respect to the shares of property allotted in his share which has not kept in joint stock rather it was exclusive property of Ganuari Mahto. On the basis of such gift defendant no. 2 came in exclusive possession of property. Since partition is admitted by the plaintiff as such the property once partitioned cannot be partitioned again.