SUNIL KUMAR BHANDARI Vs. CHANDI DAS BHANDARI

JUDGEMENT

(1.) This appeal is against the judgment and decree of learned 3rd Additional District Judge F.T.C., Dumka in Title Appeal No. 15 of 1994, whereby learned lower appellate Court has affirmed the judgment and decree of learned Subordinate Judge-I. Dumka in Title (P) Suit No. 37 of 1983.

(2.) The case of the Plaintiff's was that they had filed the said partition suit claiming 1/3rd share in the suit property on the ground that the suit property was jointly recoded in the name of the Niwaran Bhandari, Bishto Bhandari @ Vishnu Bhandari and Baidynath Bhandari. Further case was that the then landlord Mr. Grant got a private survey done regarding the lands of his estate and in that survey, the suit property was jointly recorded in the name of Niwaran Bhandari, Bishto Bhandari @ Vishnu Bhandari and Baidynath Bhandari and the Plaintiff's being the descendants of Baidynath Bhandari have got 1/3rd share.

(3.) The Defendants had contested the suit stating, inter alia, that there is no unity of title and possession between the parties. The suit land was the self acquired property of the Defendants. The property belonging to the common ancestor- Dinanath Bhandari. The same was Basori land with a house and was acquired by the Government for construction of quarters of medical staff. The father of the Defendants thereafter had acquired the suit land and constructed the houses over the same. The Defendants, thus, denied the Plaintiff's claim of 1/3rd. share in the suit property.