SARASWATI SINGH Vs. BRIJ SHANTIMANI

JUDGEMENT

(1.) These four appeals arise out of the judgment and decree passed by learned Trial Court in Partition Suit No. 153/ 1972. Two appeals, i.e. First Appeal No. 18 of 1999 (R) filed by Smt. Saraswati Singh (defendant No. 3 in the suit) and First Appeal No. 20 of 1999 (R) filed by Anil Kumar Singh (the defendant No. 1 in the suit) are against the judgment and preliminary decree dated 28-11-1998 passed by learned Sub-Judge-VII, Ranchi in the said suit whereas First Appeal No. 73 of 2001 filed by Smt. Saraswati Singh (defendant No. 3 in the suit) and First Appeal No. 74 of 2001 filed by Anil Kumar Singh (said defendant No. 1) are against the final decree dated 26-7-2001 passed in the said Partition Suit No. 153 of 1972.

(2.) Since all the appeals are based on the same facts, evidences and material and the parties are also common, the same were heard together and are being disposed of by this judgment.

(3.) The original plaintiff Surendra Sinha had filed the said partition suit, praying decree for partition of 3/4th share in item Nos. 1 and 2 and 1/4th share in item Nos. 3, 4, 5, 6. 7. 8, 9 and 10 of the Schedule appended to the plaint and also for a decree for rendition of account of item Nos. 5, 6, 7 and 9 of the schedule of the plaint against the defendant No. 1, cost of the suit and for any other reliefs. The suit properties were described in the Schedule of the plaint as Col- lows :- SCHEDULE (1) Land, building in M.S. Plot No. 550 and 551, Holding No. 253, Ward No. 1, Circle No. 3, Patna Municipal Corporation, Area 24 Kathas 12 dhurs situated at Bank Road, Patna. (2) Land being portion of R.S. Plot No. 155, M.S. Plot No. 127. Ward No. 1, Ranchi Municipality measuring an area of 2 bighas 4 kathas 9 chhalaks situated at Morhabadi, Ranchi. (3) Land at Srikrishnapuri, Patna. (4) Land and building in New Delhi, Defence Colony. (5) Transport business (passenger buses). (6) Binod Ashram Residential Hotel at a tenanted premises at Ranchi. (7) Bank Account standing in the name of Janardan Singh and Ram Binod Singh. Janardan Singh and one or other of the x 1/4male and/or junior members of the family, Smt. Manmati Devi and one or other female members of the family. (8) Land and building at Village Malkhachak. P.S. Dighwada. District Saran. (9) Jewellery, ornaments, silver wares. (10) Fiat and the Desclo Car 1 H