BIMLA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been preferred by the petitioners against the appellate order dated 8th June, 1989 passed by 3rd respondent and the second appellate order dated 22nd October, 1990 passed by 4th respondent. The appellate authority allowed the appeal preferred by contesting respondents and the second appellate authority affirmed the appellate order.

(2.) To appreciate the case, it is better to reproduce the undisputed genealogy of the family of petitioners as shown hereunder: <IMG>JUDGEMENT_288_CCC4_2003Image1.jpg</IMG>

(3.) The case of the petitioners is that in Ganzer's survey and settlement, Ram Nath Jha and Umanath Jha sons of Matuk Nath Jha were shown as recorded tenant in respect to lands in dispute as detailed at Annexure-1 to the writ petition. The brothers constituting a Joint Hindu Mitakashara Family died in estate of jointness in the year, 1350 fasali (1943) and 1351 fasali (1944) respectively. Baikuntha Jha, son of Umanath Jha predeceased his father in the year 1349 fasali (1942) leaving behind, his father, his widow, Sudama Devi and two daughters, namely, Kamla Devi and Bimla Devi (petitioner No. 1). Umanath Jha died in the year 1943 leaving behind his predeceased son's widows Sudama Devi as his legal heir. Further case of the petitioners is that Ramnath Jha's interest in the joint immovable property devolved upon his sons, grandson and great-grand-son. Sudama Devi died leaving behind her daughter (petitioner No. 1), who succeeded the interest in the joint property which her mother possessed as the other daughter Kamla had predeceased her mother. Originally, Sudama Devi claimed partition of properties in dispute vide Title Partition Suit No. 64/64 in the Court of Assistant Settlement Officer, Godda but after death of Sudama Devi, the petitioners were brought on record to prosecute the suit.