JANARDAN PANDEY Vs. KAROO PANDEY

JUDGEMENT

(1.) This is the first civil appeal against the judgment and decree of Sub-Judge 2nd, Gaya dated 26th November, 1979 in Original Suit No. 59 of 1977. By this judgment and decree the trial Judge decreed the suit of the plaintiff Karoo Pandey for partition awarding half share in the landed properties mentioned in Schedule B of the plaint.

(2.) The pedegree of the parties is as follows:Rangalal Pandey (died in 1926)Binda Pandey (died in 1976) = Smt. Gulab Devi (died in 1950)Shree Pandey (died in 1974)Janardan Pandey = Lalo DeviSumitra DeviKaroo PandeyArjun PandeyDayanand Pandey

(3.) Plaintiff Karoo Pandey pleaded the case that father Ranglal Pandey and his three sons Binda Pandey, Shree Pandey and Karoo Pandey were living in the state of jointness, and Ranglal Pandey died in 1926 and his three sons Binda Pandey, Shree Pandey and Karoo Pandey lived in the state of jointness, and Binda Pandey being the eldest became the Karta of the family and managed the entire family affairs in properties; that Shree Pandey died in 1974 in the state of jointness with his brothers, and Shree Pandey left behind his son Janardan Pandey and his daughter Sumitra Devi; Smt. Gulab Devi wife of Binda Pandey died in 1950 A.D. and soon after her death Binda Pandey took Bairag and other elder son Shree Pandey started managing the joint family affairs; Shree Pandey died in 1974 A.D., and his son Janardan started managing the family affairs; that Binda Pandey died issueless in the year 1976 in the state of jointness with his brothers.