TRINBHUWAN SAO Vs. TULSI SAO

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent is directed against the judgment,dated 7.9.1998 whereby the learned single Judge allowed the appeal being first appeal No. 73 of 1986 and reversed the judgment and decree passed by the trial Court and consequently the suit for partition filed by the plaintiffs-respondents was decreed.

(2.) From perusal of the genealogical table given in the impugned judgment it appears that the common ancestor of the parties was one Bhatan Teli who died leaving behind four sons, namely, Dab Teli, Jitan Teli, Hardeyal Teli and Meghu Teli. The admitted case of the plaintiffs was that there had been partition amongst the four brothers long before whereby Dalo Teli was allotted khata No. 36, Jitan Teli was allotted khata No. 34 and the remaining two brothers, Hardayal Teli and Meghu Teli were jointly allotted khata No. 69. Meghu Teli died leaving behind four sons Janaki Sao, Nemu Sao, Bulak Sao and Jagal Sao. The plaintiffs are the descendants of Nemu Sao whereas the descendants of other brothers of Meghu and Hardyal are the defendants.

(3.) The plaintiffs filed the suit for partition in respect of two annas shares in the landed property comprised within khata No. 69. The defendants-appellants filed more than one set of written statement and contested the suit by taking a plea of previous partition.