PUNIT MAHTON Vs. KISHUNDEYAL MAHTON

JUDGEMENT

(1.) This is an appeal by the defendants in a suit for partition against a preliminary decree for partition which was confirmed by the lower appellate Court.

(2.) The property in dispute is a one-third share in the land comprised in two khatas. This one-third share was conveyed to one Ramrekha by a deed of gift, dated 23 May 1919, executed by Punit and Srinam, two of the sons of Nakhid alias Nakchhed Mahton. There were five sons of this Nakchhed Mahton, and there had been a partition among them. Punit and Srinam remaining joint, while each of the three others separated. Ramrekha was a son of one of those other sons named Judagi. The plaintiff respondents are the descendants of Judagi, and the defendant appellants are Punit and his sons and grandsons.

(3.) The defence contested the claim to partition made on behalf of the plaintiffs primarily on two grounds, first, that Ramrekha had been adopted by Srinam, and, secondly, that the deed of gift had not been acted on. The findings of the lower Courts are, however, against the appellants on both these points.