MOSOMAT PHULMANI Vs. KODAN CHOUDHARY

JUDGEMENT

(1.) This appeal is directed against the judgment dated 14.8.1991 passed by VIth Additional District Judge, Palamau at Daltonganj in Title Appeal No. 32 of 1989 whereby he reversed the judgment of Sub Judge-III. Daltonganj dated 22.5.1989 in partition suit No. 9 of 1985 whereby Sub Judge was pleased to dismiss the suit.

(2.) The facts giving rise to this appeal in brief is that Gokhul Noniya has two sons and two daughters, namely, Deoki Nonia, Laljee Nonia, Gauri Devi and Muner Devi. It is further stated that plaintiff/respondent No. 1 is the son of Deoki Nonia, whereas defendants are descendants of Laljee Nonia. It is stated that after the death of Gokhul Nonia sometime in the year 1930, his estate devolve in between Deoki Nonia and Laljee Nonia. Thus Deoki Nonia and Laljee Nonia were entitled to get half share in the property of Gokhul Noniya. It is stated that Deoki Nonia died leaving behind plaintiff and defendnat Nos. 17 to 24. However, aforesaid defendants 17 to 24 had relinquished their share in favour of plaintiff, thus the plaintiff become the sole owner of the half share of properties devolve by succession in Deoki Nonia. Accordingly, present suit filed for partition claiming half share in the said properties details of which given in schedule A to the plaint.

(3.) It appears that the defendant Nos. 1, 2, 3, 5, 6, and 11 to 16 had filed joint written statement and it is stated that Deoki Nonia is not the son of Gokhul Noniya rather he is son of Ramsunder Nonia of Village Khamdhi P.S. Daltonganj, District, Palamau. Accordingly, it is stated that after the death of Gokhul Noniya in the year 1936 his widow Jaso Kuer and only son Laljee Nonia inherited his property. It is wrong to say that Gokhul Nonia died in the year 1930 in the state of jointness with Deoki Nonia. Accordingly, it is pleaded by the contesting defendants that Deoki Nonia and his dependents, namely plaintiff and defendant Nos. 17 to 24 are not entitled to get any share in the suit property.