GOURI SHANKAR MANDAL Vs. BINDESHWARI MANDAL

JUDGEMENT

(1.) This appeal was originally preferred by Defendant No. 1, appellant (Hansu Mandal), against the judgment and decree passed by the learned Subordinate Judge, Madhipura dated 31st July, 1970 in Title Suit No. 50 of 1964. During the pendency of the appeal, the sole appellant (Hansu Mandal) died and his heirs were substituted.

(2.) The main issue to be determined, whether the suit land is still joint family property and the plaintiff-Respondent No. 1 (now deceased and substituted by her heirs) is entitled for 1/3rd share over the same.

(3.) The Title suit aforesaid was filed by original plaintiff-Respondent No. 1 for partition of the lands shown in Schedule-A to the plaint.