SHARDA DEVI Vs. CHANDBALA DEVI

JUDGEMENT

(1.) THIS Second appeal has been preferred by the defendants-appellants against the judgment and decree dated 12-2-1986 passed by Sri Prem Narain Shukla, 3rd Additional District Judge, Vaishali at hajipur in Title Appeal No. 4 of 1983 modifying the judgment and decree dated 10-12-1982 passed by Sri Bhupendra Singh, munsif Ist, Vaishali at Hajipur in Title Suit no. 150 of 1977.

(2.) THE brief facts which gave rise to filing of this second appeal are as follows :-Original plaintiff Bachu Chaudhary filed title Suit No. 150 of 1977 in the Court of the Munsif Ist, Hajipur for partition of his 1/5th share in the disputed property appertaining to C. S. Plot No. 713 corresponding to R. S. plot No. 83 (Ka) and 83 (Kha)under old khata No. 236, New Khata No. 335 comprising an area of 125 decimal with house standing thereon situated in Mohalla pokhara, Town Hajipur, District Vaishali. The said suit was decreed in part by judgment dated 10-12-1982 and it was held that the plaintiff is entitled to get half share in the property recorded in the name of his mother Mostt. Sampatiya Devi. Against the said judgment, the plaintiff preferred appeal which was numbered as Title Appeal No. 4 of 1983. The appeal was disposed of by the judgment dated 12th February, 1986 by 3rd additional District Judge, Vaishali at Hajipur whereby he has been pleased to modify the judgment passed by the learned Munsif Ist and held that the plaintiff is entitled to get 5/27th share in the suit property. Against the said finding, the defendants-appellants have preferred this Second Appeal.

(3.) BEFORE making discussion on the substantial question of law, as formulated in this case, I would like to state the respective case of the parties.