BRIJMOHAN AGARAWALLA Vs. NARMADA DEVI

JUDGEMENT

(1.) This is the first civil appeal against the judgment and decree of Additional Subordinate Judge I, Dhanbad dated 19th December, 1972 in Title Partition Suit No. 19 of 1969 where the Trial Court Judge dismissed the claim of the plaintiff-appellant.

(2.) The plaintiff-appellant filed the suit for the partition in respect of three houses and the apportenant land described in Schedule A claiming half share.

(3.) Late Ram Dayal Agrawal, a Hindu governed by Mitakshra School of Hindu Law was married to Mukhi Bai @ Mukhda Sethani, and as Ram Dayal had no issue he adopted Radha Krishna Agrawal as his son. Ram Dayal Agrawal died in 1919 A.D. The son Radha Krishna Agrawal was married to Smt. Murli Sethani. Radha Krishna Agrawal died in the year 1939 A.D., and Mukhi Bai died later on in 1949 A.D. Radha Krishna Agrawal had two daughters Panna Devi and Narmada Devi and this Narmada Devi is the defendant-respondent in the case. She is married to Jai Narain Ritolia. Smt. Panna Devi died in the life time of her mother Smt. Murli Sethani leaving behind her son the plaintiff Brijmohan Agrawal. This Panna Devi was married to Gyani Ram. Murli Sethani died on 22nd May, 1968.