JAGESHWAR GOPE Vs. JUMINI DEVI

JUDGEMENT

(1.) The petitioners were appellants in Appeal from Original Order No. 281 of 2002 which was filed against the order passed in Title Appeal No. 28 of 2000. In the Title Appeal they are respondents. They are aggrieved of order dated 24.12.2004 passed in the Title Appeal whereby now the application under Order 1, Rule 10(2) Civil Procedure Code filed by the appellants for impleading legal heirs of Bishun Gope has been allowed.

(2.) Appellants in Title Appeal No. 28 of 2000 are the plaintiffs in Title (Partition) Suit No. 79 of 1995. The suit was instituted for a preliminary decree for partition of Schedule-A properties to the extent of half share for the plaintiffs in the property and for a declaration that registered deed of gift dated 15.04.1988 executed by defendant no. 1 in favour of defendant no. 2 is void, collusive and not binding on the plaintiffs. Defendant no. 2 in the partition suit is wife of the defendant no. 1. The plaintiffs have pleaded that Chamu Gope was common ancestor of the parties. He had four sons, one was Khedan Gope. Lands comprised under khata nos. 2 and 6 of village-Lodahama were recorded in the name of Khedan Gope who at the time of his death was in jointness with his brother Balak Gope. On his death his brother Balak Gope has inherited 1.71 acres land comprised under Plot No. 902 of Khata No. 6 and Plot Nos. 903907 of Khata No. 2 in village-Lodahma, District-Hazaribagh. Balak Gope had three sons namely, Jhutan Gope, Bansi Gope and Bishun Gope. Legal heirs of Jhutan Gope are plaintiffs in the partition suit.

(3.) According to the plaintiffs Bishun Gope died in the year, 1940 leaving behind his daughters who are married now. Jhutan Gope and Bansi Gope were in joint possession of the suit lands. Bansi Gope is defendant no. 1 and his wife is defendant no. 2 in Title (Partition) Suit No. 79 of 1995.