JAI NARAIN RAI Vs. BAIJNATH RAI

JUDGEMENT

(1.) The appellants in this appeal were the plaintiffs in the Court below. The pedigree at p. 11 of the printed record will show that the sons of Baldeo Rai are the plaintiffs. The son of Akalu Rai, who is a descendant of Tirlok Rai, the plaintiffs paternal uncle, is the defendant first party. The defendants second party are two ladies. One Mt. Bartana Kunwar, who has at some places been described as Mt. Birta Kunwar, is the widow of Nakchhedi Rai, who represented the first branch of Fateh Narain Rai's descendants. Mt. Sheodasi, defendant 2 in the second party is the widow of Deo Narain Rai who was a brother of Akalu Rai.

(2.) The plaintiffs case was that they and defendant 1 formed a joint Hindu family and the defendants second party were ladies of the joint family and as such had no Interest in the joint family property. According to the custom of the country and for the consolation of their own, the names of the ladies were entered in the revenue papers. Some people who wanted a disruption in the family, persuaded the ladies to apply for partition of shares that stood recorded in their names. The plaintiffs objected to the partition and thereupon the revenue Court, on 10 June 1924, directed the plaintiffs to obtain a declaration of their title by institution of a suit within the statutory period. The plaintiffs accordingly sued to obtain a declaration that they and defendant 1 were the owners of the property recorded in the defendants names and that the defendants had no interest whatsoever in the property.

(3.) Defendant 1 did not contest the suit. Defendants 2 and 3 filed separate written statements. Their case was that, the family was separate, that Girja Prasad Rai, the son of Sheodasi and Nakchhedi, the husband of Mt. Bartana Kunwar, died as separated Hindus and that the ladies wore rightfully in possession as heirs to the deceased members aforesaid. They relied on a certain document dated 12 April 1919, and added that after that document had been executed, an actual partition by metes and bounds and division of moveable property followed.