RAMAWATI DEVI Vs. KRISHNANAND YADAV

JUDGEMENT

(1.) THE plaintiffs had filed a suit for partition claiming 8 Annas share in the family property. THE parties to the suit and the relationships between the plaintiffs and the defendants is indicated in the genealogical table which is given below:- <IMG>JUDGEMENT_269_PATLJR2_2010Image1.jpg</IMG>

(2.) THE plaintiffs' case is that Phuli Mandal died in the state of jointness with his two sons. After the death of Phuli Mandal, Hira became the Karta and he died in the state of jointness with Kallar. Kallar Mandal did not become Karta of the family as he was not having the capability to look after the family property. Rather, Neklal Mandal, son of Domal Mandal became Karta of the family as Kallar Mandal was not capable of managing the affairs of the family. Neklal Mandal being a clever and resourceful person taking advantage of the simplicity of Kallar Mandal prepared several documents including rent receipts etc. in his name and in the name of his family members. Nek Lal died in jointness in the year 1942 and thereafter Jasik Lal Mandal became the Karta of the family. After the death of Kallar in the year, 1950- 51, the two branches separated in mess only but the properties remained joint. As the plaintiffs felt difficulty in cultivation of the lands, they demanded partition and hence the suit.

(3.) THE court below has come to a finding that Exts. 'D' and 'D/1', the documents of partition in 1922 was a valid document and has dismissed the plaintiffs' suit. Apart from the partition deed the court below was impressed and swayed by the documents showing mutation of the lands and the rent receipts filed by the defendants to hold that partition had already been effected in 1922 and the parties have come into possession of their respective shares and were paying separate rent in accordance with the allocations of their share. THE questions that has to be considered by this court are:-