KAMLA DEVI Vs. KAULESHWARI DEVI

JUDGEMENT

(1.) On 24 -4 -1973, Baijnath Rai of village Maksudpur, within Muzaffarpur district died, leaving behind his widow Kauleshwari Devi, the defendant No. 1, a married daughter, Kamla Devi, the plaintiff, from his first wife. Mostt. Marachai, (who had died on 22 -2 -1984) minor daughter, Kamleshwari Devi, the defendant No. 2 and minor son. Amarnath Rai, the defendant No. 3 from his second wife.

(2.) Kamla Devi filed Partition Suit No. 174 of 1973 against her stepmother, sister and brother for partition of her 1/4th share in the proper -ties, detailed in Schedules I and II to the plaint.

(3.) According to plaintiff, she along with defendants jointly inherited interest in the suit properties, after death of Baijnath Rai. There was no partition by metes and bounds. Ten Khatias land was sold by defendant No, 1 to one Ajab Rai, so he was made defendant No. 4 in the suit.