HARAKH NARAIN SINGH Vs. SHAM BEHARI SINGH

JUDGEMENT

(1.) This appeal bv defendants 2 and 3 arises out of a suit for partition.

(2.) The case of the plaintiff was that Lain Singh had four sons, namely, Chamru Singh, Damar Singh. Lachu Singh and Bandhu Singh. For the purposes of the present appeal, we are concerned only with the branches of Lachu Singh and Bandhu Singh The four sons of Lalji Singh had separated long before the survey operations, Lachu Singh had also four sons, namely, Ramautar Singh, Parmeshwar Sinsh. Beni Singh and Toti Singh. Ramautar had a son Bricha Singh. Bricha Singh. Parmeshwar Sineh and Beni Singh died issueless and Toti Singh died leaving behind his only son Ram Chandar Singh and two daughters, namely, Akhjo Kuer and Gulab-pati Kuer, Jamuna Singh (defendant No. 1) was the son of Akhjo Kuer and the plaintiff was the son of Gulabpati Kuer. According to the case of the plaintifi. Ram Chander was the sole surviving member in the branch of Lachu Singh and succeeded to all the properties of that branch. Ram Chandar also died issueless leaving behind him his widow Mosammat Dewa Kuer (defendant No. 6), who came in possession of those properties.

(3.) The lands of Khatas Nos. 15 and 16 situate in village Sabbajpur were recorded in the survey Khatian in the names of the three sons of Lachu Singh. namely. Parmeshwar. Beni, Toti and Bricha Singh (son of Ramautar Singh and grandson of Lachu Singh). The lands of Khatas Nos. 339 and 340 situate in village Kalpa were recorded in the survey record-of rights only in the names of Parmeshwar, Beni and Toti. The lands of Khata No. 6 situate in village Adluchak Daulatpur were recorded in the survey record-of-rights in the names of Brijnath Singh (son of Ramphal Singh) and Loknath Singh (son of Tuloo Singh), relations of Toti Singh and his brothers. According to the case of the plaintiff, Brij Nath and Loknath were the farzidars of Toti Singh and his brothers and they never came in possession of the lands of Khata No. 6 which always continued to be in possession of Toti Singh and his brothers. Subsequently, Dewa Kuer (defendant No. 6) came in possession of these lands. The lands of Khata No. 51 situate in village Sahabaj-pur stood recorded in the survey record-of-rights in the names of Ramruch Singh and Dhani Singh, sons of Bandhu Singh and grandsons of Lalji Singh, in respect of a half-share and the names of Parmeshwar Singh, Beni Singh, Toti Singh and Bricha Singh of the branch of Lachu Singh were recorded in respect of the remaining half. Dewa Kuer (defendant No. 6), widow of Ram Chandar Singh, came in exclusive possession of all the aforesaid lands including the lands of Khata No. 6 and she came in ioint possession of the lands of Khata No. 51 with Ramruch Singh (son of Dhani Singh) to the extent of one half share and remained in joint possession of the sama with Ramruch Singh until she made a gift of all her properties (detailed in schedule 'A' attached to the plaint) by means of a registered deed of gift dated the 7th January 1958 in favour of the plaintiff and defendant No. 1 in equal shares. After tht execution of the deed of gift, the plaintiff came in ioint possession of the lands of Khatas Nos. 6, 15, 16. 339 and 340 with defendant No. 1. The share of the plaintiff therein was to the extent of eight annas. The plaintifi also came in joint possession of the lands of Khata No. 51 with defendants 1 and 2 to 5 and the share of the plaintiff and defendant No. 1 in those lands was to the extent of four annas each and the remaining eight annas belonged to defendants 2 to 5 of the branch of Bandhu Singh.