RAM NARAYAN SINGH Vs. SUSHILA DEVI AND OTHERS

JUDGEMENT

(1.) The plaintiff has filed this First Appeal against the judgment and decree, dated 26.04.1982 passed by the learned 2nd Subordinate Judge, Munger in Title Suit No.10 of 1975 whereby the learned trial Court dismissed the plaintiffs suit for partition.

(2.) The plaintiff-appellant filed the aforesaid title suit praying for a decree of partition of his 1/8th share in the suit properties mentioned in Schedule Nos.I, II and III. The plaintiff claimed the aforesaid relief of partition to the extent of his 1/8th share alleging that one Maniar Mandal was the common ancestor who had two sons namely Gopal Mandal and Lakshman Mandal. The entire ancestral properties were divided between two branches. This suit is concerned with the branch of Gopal Mandal only. Gopal Mandal had three sons, Kali Mandal, Nanku Mandal and Fakir Mandal. Kali Mandal had two sons, Subodh Singh and Nevi Singh. The descendants of Subodh Singh are defendants 2nd set including Subodh Singh who is defendant No.8 whereas Nevi Singh is defendant No.1 and his wife is defendant No.7. One son, Nageshwar is defendant No.2 and the other son, Ramnarayan is plaintiff-appellant. The sons of defendant No.2 are defendant Nos.3 to 6 who are defendants 1st set. According to the plaintiff, defendant No.8, Subodh Singh became karta. However, since last 15 years, Nevi's branch is separated in mess and residence but defendant No.8, Subodh Singh still became the karta as Kali Mandal died 25 years ago. Subodh Singh, defendant No.8 acquired many landed properties in the name of different members of the joint family out of the income derived from the ancestral properties which is detailed in Schedule II of the plaint. The properties which came in the share of Gopal Mandal are described in Schedule I of the plaint.

(3.) The further case of the plaintiff is that there was about 188 bighas agricultural land and to escape the agricultural income tax, the defendant No.8 got settled joint family lands in the name of different members of the family and choukidari taxes were separated and accordingly, the defendants also got separated the bunglow and bathan though the joint family properties have not been separated by metes and bounds. Since there was separation in mess between two branches i.e., branch of Subodh Singh and Nevi Singh, they started cultivating some lands separately according to convenience but the major portion of the joint family lands were cultivated jointly. Although, defendant No.8 was the karta but he never provided any expenses to the plaintiff and plaintiff by dint of his hard labour got the M.A. degree. Thereafter, he and his brother and father, Nevi Singh filed a Title Suit No.54 of 1963 for partitioning the joint family property. In that suit, defendant No.8 and his descendants filed their written statement falsely alleging that there had already been oral partition in the year 1934 during the lifetime of Kali Mandal.