CHANDRADEO SINGH Vs. MOTI DEVI

JUDGEMENT

(1.) Defendants 1st party of a Title partition Suit, who were directed to lead evidence first, are the petitioners.

(2.) The suit in question has been filed by the plaintiffs opposite party first party claiming 1 /3 rd share in the suit properties which includes immovable as well movables.

(3.) From a perusal of the plaint of the oppsite party first party and the written statement of the defendant Nos. 1 to 3 petitioners it is clear that the plaintiffs have been dubbed as strangers to the Joint Family of the defendants and their locus standi to maintain the suit for partition was challenged. Even the genealogy given by the plaintiffs was challenged as incorrect, incomplete and mala fide. The order in which several persons had died, as mentioned in the plaint was also disputed. To crown all existence of the properties described in Schedule III of the plaint, the story of blending and amalgamation of the properties mentioned in Schedule II, the Kartship of Defendant No. 1 Chandradeo Singh, factum of productivity of lands and enough saving therefrom etc. as set forth in the plaint were also denied by the petitioners though they also set up their title in regard to some properties on the plea of ouster. It is thus clear that almost the entire claim of the plaintiff was disputed by the defendants-petitioners.