DRAUPATI Vs. RAJENDRA SINGH

JUDGEMENT

(1.) ON 25.9.1972, the plaintiffs respondents filed Title Suit No. 157 of 1972 (partition) in the Court of First Subordinate Judge, Munger against the defendants appellants for declaration that the defendant No. 2 was a mere farzidar of the lands described in schedule 2 to the plaint and those lands were joint family properties of the defendant No. 1, his pre deceased son, Radha Kishun Singh and the plaintiff, and the properties described in scheduled to 4 to the plaint were not the self acquired properties of the defendant No. 2 A further declaration was sought that the sale deeds detailed in schedule 5, covering properties of Schedule 4 to the plaint were illegal, void, without consideration not bindings on the plaintiffs. A preliminary decree for partition of the lands described in schedules 1 and 2 to the plaint of the plaintiffs' share was prayed to be passed in the suit.

(2.) ACCORDING to plaintiffs, Nunubabu Singh defendant No. 1 of village Barahiya Tarafdari, district Munger had a son Radha Kishun Singh, Rajendra Singh, the plaintiff No. 1 and Indra Devi, the plaintiff No. 4 were son and daughter of said Radha Kishun Singh. Shyam Kishore Singh and Jai Kishore Singh, the plaintiffs 2 and 3 respectively were minor sons of Rajendra Singh. His first wife died on 13.5.1967. Radha Kishun Singh had married Draupati Devi, defendant No. 2 as his second wife and got six daughters, the defendants 3 to 8 from her. One of the daughters, namely, Satan Devi was major, whereas other five daughters were minor. Radha Kishun Singh died on 20.10.1970.

(3.) IT was further pleaded that the defendant No. 2 emboldend by the said purchase in her name executed two fictitious and sham sale deeds dated 8.8.1972 in favour of the principal defendant second party Nos. 9 and 10, showing consideration money of Rs. 20,000/ and Rs. 19,500/ respectively. Those lands were described in schedule 4 to the plaint. However, by a registered deed of gift dated 15.6.1973 the defendant No. 1 gift his half share in the ancestral joint family lands to the plaintiff No. 1 As such, the plaintiffs claimed 7/9th share in schedule 1 and ll/36th share in schedule 2 properties. On 4.7.1973, during the pendency of the suit Nunubabu Singh, the defendant No. 1 expired.