LAWS(JHAR)-2001-12-28

SIMOTI DEVI Vs. DURJODHAN MATHO

Decided On December 12, 2001
Simoti Devi Appellant
V/S
Durjodhan Matho Respondents

JUDGEMENT

(1.) ONE Khedu Mahto had three sons, Ramsay Mahto, Fagu Mahto and Meghnath Mahto. Plaintiffs are descendants of Gagu Mahto, whereas defendants 1 and 2 are descendants of Ramsay Mahto and defendants 3 to 6 are descendants of Meghnath Mahto.

(2.) Admittedly, by registered sale deed dated 12.9.1941, Digam Mahto, son of Meghnath Mahto, Gobra Mahto and Guhi Mahto, sons of Fagu and Durjodhan Mahto son of Arjun Mahto (grandson of Ramsay Mahto) jointly purchased 9.83 acres land of Khata Nos. 18 and 31 in village Murhu, district Ranchi, from Mosstt. Ghasmi, wife of Late Ghamru Mahto, for total consideration of Rs. 500/ -.

(3.) Plaintiffs filed Partition Suit No. 116 of 1980 against defendants for partition of their 1/3rd share in Schedule 'B' and 1/2 share in Schedule 'C' properties. Schedule 'B' properties were the lands of joint family, except those lands, which were purchased by the aforesaid four persons in 1941.