DUKHIT THAKUR Vs. GODAMI KUER

JUDGEMENT

(1.) This matter has been referred to Division Bench by order No. 15 dated 13-12-1976 without specifying the point for decision by the Division Bench.

(2.) This second appeal by the plaintiff is directed against the judgment and decree confirming the decision of the trial court by the lower appellate court, namely, the second Additional District Judge Champaran, in a suit in which the plaintiff sought for a declaration that the defendants-first party had only a right of maintenance in the subject-matter of the suit and they had no right to alienate any part of the same, the further and consequent relief sought for by the plaintiff being that the two sale-deeds executed by defendants-first party with respect to the lands described in Schedule 4 to the plaint in favour of defendants-second party were illegal and not binding on him.

(3.) In view of the limited contention raised by the learned counsel for the appellant, the relevant facts may be stated thus:-- One Lachhuman Thakur had three sons -- Jiwan Thakur, Jangi Thakur and Achutanand Thakur, Defendant No. 3 Janardan Thakur is the son of Jiwan Thakur. Defendant No. 1 Godami Kuer is one of the four wives of Achuta Nand Thakur. One Rajendra Thakur is the son of Achayuta Nand Thakur by his third wife and Radhika Devi, Defendant No. 2, is the widow of Rajendra Thakur. While there was no issue to Achayuta Nand Thakur from his second wife, from his first wife he had two sons and one daughter. The sons were Dwarika Thakur, husband of Lakhpati, and Dukhit Thakur the plaintiff of the suit. The daughter was named Lalita Devi.