YAMUNA MANDAL Vs. KAMESHWAR MANDAL

JUDGEMENT

(1.) THIS appeal at the instance of the defendant Nos. 1 to 4 (hereinafter called as appellants) is directed against the impugned Judgment and decree dated 30.8.1989 and 8.9.1989 respectively passed in Title Appeal No. 11 of 1976 by Shri Om Prakash Sinha, 1st Additional District Judge, Deoghar whereby and whereunder the appeal was allowed and the judgment and decree dated 23.12.1975 and 19.1.1976 respectively passed in Title (Partition) Suit No. 112 of 1970/23 of 1975 of 2nd Additional Subordinate Judge, Deoghar were set aside and the said Title (Partition) Suit was decreed.

(2.) PLAINTIFF Dukhi Mandal, the predecessor in interest of present respondent 1st set had filed the aforementioned suit for metes and bounds partition of the ancestral joint family properties situate at village Bhanuarkola, Gulaldih, Dumarkola and Fatehpur situate in the District of Deoghar, Bihar (Now Jharkhand) claiming 1/4th share therein fully detailed in Schedule A (a, b, c, d) and Schedule B at the foot of the plaint. Said Dukhi Mandal died during the pendency of the appeal before the appellate Court below and the present respondent 1st set were substituted in his place.

(3.) THREE sets of written statements were filed in this suit. One by the appellants, the other by defendant respondent Nos. 6 and 7 and 3rd by defendant respondent No. 8 but the said Title Suit has been contested only by the appellants.