BINDA PRASAD Vs. MAHENDRA PRASAD

JUDGEMENT

(1.) Heard learned counsel for the parties in both the appeals.

(2.) Respondent No.1-Mahendra Prasad brought Partition Suit No.184 of 2013, claiming partition of his 1/4th share in joint family property, disclosed in Schedule-I of the plaint. The property consists of about 1.80 decimals agricultural land and a house in Sitamarhi town on 5.04 decimals of land. The suit was against the parents and brother-Birendra Kumar. Wife of Birendra Kumar, namely Anuradha Kumari is also a party to the suit for the reason that according to plaintiff, a portion of the suit house had been sold away to Anuradha Kumari by registered sale deed dated 27.04.2013 by Binda Prasad, the father of the plaintiff.

(3.) Appellant-Binda Prasad and other respondents filed their written statement, wherein Binda Prasad claimed the suit property as his personal property. However, it is not disputed that entire Schedule-I property was of ancestor-Ganpat Sah and after death of Ganpat Sah, the joint property was partitioned among five sons of Ganpat Sah and his wife, vide document of partition at Annexure-B to the counter affidavit. Binda Prasad is one of the sons of late Ganpat Sah.