RAJAN MUNDA Vs. LENGA MUNDA

JUDGEMENT

(1.) THIS appeal has been preferred by the plaintiffs/appellants against the Judgment dated 27.01.2005, passed by Sub Judge No. - I, Simdega in connection with Partition Suit No. 4 of 2004 and Decree signed on 05.02.2005, whereby the learned Sub Judge has decreed the suit in part and ordered to partition the land pertaining to Khata No. 72 and dismissed the claim of the plaintiffs for partition against the land pertaining to Khata No. 38.

(2.) THE appellants have filed a suit for partition in the Court of Sub Judge I, Simdega vide Partition Suit No. 04/2004 and made averments in the plaint that the lands under Khata Nos. 38 and 72 of village Sizang, P.S. - Bano, Thana No. 67, District Simdega, fully described in Schedule -A of the plaint, are the ancestral property of the plaintiffs and the defendants. The land pertaining to Khata No. 38 of village Sizang, as per the last survey, is recorded in the name of Mostt. Dhelki, daughter of Berga Pahan and Kuba Pahan, S/o. Batura Pahan, Bahissa (by share) Barabar (equal), whereas the land pertaining to Khata No. 72 as per Column No. 2, is recorded jointly in the name of Lodo Pahan and Masih Pahan, sons of Lurki Pahan, Mostt. Dhelki, D/o Berga Pahan - one share each in equal shares and Kuba Pahan, son of Batura Pahan one share. The appellants have also described the geneology in paragraph -3 of the plaint.

(3.) THE suit land has been valued at Rs.3 Lac. but the suit was filed for partition, hence fixed Court Fee of Rs.250/ - was paid.