LAWS(PAT)-1999-10-89

SUSHMA DEVI Vs. BINOD KUMAR

Decided On October 01, 1999
SUSHMA DEVI Appellant
V/S
BINOD KUMAR Respondents

JUDGEMENT

(1.) HEARD the parties and with their consent this appeal is disposed of under Order 41 Rule 11 of the Code of Civil Procedure.

(2.) ONE Bishundhari Prasad got two sons and two daughters, namely, Subodh Kumar Sahu, Binod Kumar, Mukta Rani and Manju Kumari. Sushma Devi is wife of Subodh Kumar Sahu. Binod Kumar and his sons tiled Title Suit - No. 342 of 1985 against his father and brother for partition of the suit property. The defendant no.1 appeared in the suit and filed written statement stating, inter -alia, that house property of Jamal Road, Patna was purchased out of his personal earnings and was his self acquired property, which was gifted by him in the year 1985 to Sushma Devi, his daughter -in -law. Hence, she was added as defendant no.6, who also appeard and filed her written statement in the suit. Defendant no.1 died and as such besides his heirs, who were already on record this two daughters were substituted in his place.

(3.) THE plaintiffs filed a petition for appointment of receiver, which was rejected as not pressed on 28.3.1988. Second petition dated 24.3.1998 was also dismissed on 14.9.1998. Again after ten years on 17.11.1998 third petition for appointment of receiver was filed, which has been allowed by the impugned order dated 23.4.1999. A receiver was appointed for Jamal Road house, wherein a hotel business is being run and for maintenance/repairs of the residential house of the parties of Chiraiyatand Mahalia of Patna town.