AJLATI DEVI Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) IN this appeal, dispute relates to 7 decimals land of plot No. 318 with house thereon situated at Garhwa town.

(2.) ADMITTEDLY , plot No. 318 belonged to one Jai Narain Pathak, who had two sons, Gobardhan Pathak and Janki Pathak. Janki Pathak died leaving behind his son, Nageshwar Pathak alias Bitan Pathak. Some time in the year 1929, there was a partition between Gobardhan Pathak and Nageshwar Pathak, wherein Southern half of the house standing over plot No. 318 was allotted to Nageshwar Pathak and Northern half thereof to Gobardhan Pathak, who died leaving behind three sons, Bindeshwar Pathak, Maheshwar Pathak and Jagdishwar Pathak, Nageshwar Pathak died issueless in the year 1930, leaving behind his widow Gopi Kuer.

(3.) AFTER death of Jaigobind Mishra in the year 1950 his both sons, Deobans Mishra and Tapeshwar Mishra sold the property in question to Maheshwar Pathak, aforesaid.