KAMALA TIWARI Vs. SURAJ KUMAR TIWARY

JUDGEMENT

(1.) The defendant No.4 has filed this First Appeal against the judgment and decree dated 31.01.1978 passed by the learned 4th Additional Subordinate Judge, Ara in Title Suit No.192 of 1971/80 of 1977 decreeing the plaintiff's partition suit.

(2.) The sole plaintiff-respondent No.1 filed aforesaid title suit praying for partition of the suit properties to the extent of his half share.

(3.) For the purpose of disposal of this First Appeal, the facts which are necessary only are stated as pleaded by the plaintiff that Lakshman Tiwari had three sons namely Nawjadik Tiwari, Darshu Tiwari and Jivrakhan Tiwari. The two sons of Lakshman Tiwari namely Darshu Tiwari and Jivrakhan Tiwari died issueless in jointness. Nawjadik Tiwari died leaving behind only son Parma Tiwari who had two sons i.e. plaintiff and the defendant No.1.