PRAFULLA NARAIN DWARY Vs. NIL NARAIN DWARY

JUDGEMENT

(1.) THIS appeal at the instance of the defendants appellant has been preferred against the impugned judgment and preliminary decree dated 28.07.2001 and 13.08.2001 respectively passed in title partition suit No. 683 of 1997 by Shri Anirudh Prasad Sharma, 3rd Subordinate Judge, Doeghar whereby and whereunder the said suit was decreed for carving out a separate takhta of half share in favour of the plaintiff -respondent 1st set in the suit property by appointment of a Pleader Commissioner.

(2.) THE plaintiffs (who are respondent 1st set in this appeal) had filed the said suit for metes and bounds partition of the suit property detailed in Schedules I, II and III at the foot of the plaint in which they have claimed half share and further a relief has been sought that any portion of the suit property if found alienated by defendant -appellant Nos. 1 and 2 or their father be allotted to their share.

(3.) THE further case of the plaintiff -respondent is that plaintiff -respondent No. 1 Nil Narain Dwari has purchased a land in his name and in the name of his wife in Mauza Nilkanthpur, Deoghar from one Ranjit Prasad by virtue of the registered sale deed in the year 1989 from the savings of his personal earning as he was working as lecturer of Mathematics and he stands mutated in respect thereof and, thereafter, plaintiff -respondent No. 2 joined service in an American Ship Company in the year 1993 and out of the savings from his earning he purchased 7 kathas of land in Mauza Nilkanthpur, Deoghar in his name from one Sita Kant Jha and Smt. Krishna Jha by virtue of a registered sale deed dated 16.04.1998 and he also stands mutated in respect thereof and the said land is the self acquired properties of the plaintiffs -respondent 1st set and no liable to partition and the said self acquired properties is not the subject matter in this suit.