RAJENDRA PRASAD Vs. BHOLA PRASAD SAH

JUDGEMENT

(1.) The defendants have filed this First Appeal against the final decree in a partition suit challenging the allocation of shares of the properties in the suit which according to them is inequitable and unfair.

(2.) The suit was filed by Bhola Prasad claiming partition of the joint family properties situated in Sasaram, Rohtas. The plaintiff has claimed 1/4th shares in the suit properties. The share of the plaintiff was admitted by the defendants and as such the final decree was prepared. For the purpose of preparation of the final decree, a Pleader Commissioner was appointed. The report of the Pleader Commissioner is on record. The plaintiff challenged the findings of the Pleader Commissioner and the allocation of shares, and the Trial Court on the basis of submissions made on behalf of the plaintiff reversed the findings of the Pleader Commissioner and allowed the claim of the plaintiff as far as it concerned the allocation of shares of the suit properties.

(3.) There is no dispute regarding the description of the lands of the joint family property which are three houses, agricultural land and a bank account.