KANAI MAHATO Vs. DHURANDHAR MAHATO

JUDGEMENT

(1.) THIS appeal is against the judgment and decree of affirmance passed by learned 3rd Additional District Judge, Fast Track Court, Jamtara in Title Appeal No. 14 of 1996/17 of 2002 upholding and confirming the judgment and decree passed by Sub -Judge I, Jamtara in Title (Partition) Suit No. 52 of 1986.

(2.) THE plaintiffs -respondents filed the said suit praying a decree for partition of their share in the suit property described in Schedules 'A', 'B', 'B/1', 'B/2', 'C' and 'D' of the plaint.

(3.) THE parties led their evidences, oral and documentary. Several issues were framed by the Trial Court and after thorough discussion and consideration of evidences and materials on record, the Court below came to the finding that the plaintiffs and the defendants constituted a joint Hindu family and after the death of Dayal and Jadu Mahto the plaintiffs and the defendants jointly inherited the suit property and the defendants failed to prove any previous partition between Dayal and Jadu. Learned Trial Court decreed the suit holding that the plaintiffs are entitled to get their share on partition. The defendants, then, preferred appeal in the Court of District Judge, Jamtara which was registered as Title Appeal No. 14 of 1996. The appeal was heard and disposed of by learned 3rd Additional District Judge, Jamtara by the impugned judgment and decree. Learned Lower Appellate Court, in view of the grounds taken by the appellants, also thoroughly considered the facts, evidences and materials on record and framed specific points for consideration. Learned Lower Appellate Court, after due scrutiny and consideration of the evidences on record, came to the finding that the family is still joint and the suit property described in the schedule of the plaint have been not partitioned. Learned Lower Appellate Court also, thus, concurred with the finding of the Trial Court and dismissed the appeal.