JIBACHHI DEVI Vs. VINOD KUMAR THAKUR

JUDGEMENT

(1.) 1. This appeal has been preferred on behalf of the defendants -1st set appellants under Clause 10 of the Letters Patent of the Patna High Court, against the judgment and decree in F.A. No. 117 of 1966 whereby the judgment and decree in T.S. No.48/60/1/66 with regard to Schedule II lands was reversed.

(2.) It would appear from the facts on record that the plaintiffs had brought the title suit for partition by metes and bounds with respect to the properties described in Schedules I, II and III of the plaint. Schedule I was with regard to movable properties, Schedule II contains the list of the lands situated in village Shahpur and Chithi Hanuman Nagar whereas Schedule II was with respect to the lands situated in Mouja Malarh.

(3.) The case of the plaintiffs, in short, was that one Ramlal Thakur was the common ancestor of the plaintiffs and defendants 1st to 4th party. From the first wife, Ramlal Thakur had four sons and from the second wife, he had two sons. One of the sons of Ram Narain Thakur died in the life time of the father in the state of jointness. Ramlal Thakur died in the year 1929 in the state of jointness remaining with his five surviving sons. As claimed in the plaint, in the year 1932, there was a partition amongst the sons of Ramlal and accordingly half of the share was allotted to the sons of the first wife and half to the sons of second wife. After partition, Rit Narain Thakur, being the eldest surviving son of Ramlal Thakur from the first wife, became karta of the joint family.