NAGENDRA DAS Vs. CHETAN DAS

JUDGEMENT

(1.) Heard learned counsel for the appellants. No one appears on behalf of the respondents in spite of repeated calls.

(2.) The appellants have preferred this appeal being aggrieved by the judgment and decree dtd. 23/12/1989 passed by the learned Additional Judicial Commissioner, Ranchi, in Title Appeal No.43 of 1988/13 of 1988 whereby and where under the learned Additional Judicial Commissioner has allowed the appeal on contest with cost and dismissed the suit for partition filed by the plaintiffs-appellants.

(3.) The brief fact of the case is that the parties to the suit are descendants of common ancestor of Bhola Das. Bhola Das had three sons namely Jagmohan Das, Manmohan Das and Sadanand Das. The plaintiffs are the descendants of Manmohan Das and Sadanand Das whereas the defendants are the descendants of Jagmohan Das. It is the case of the plaintiffs that the suit property has been granted in permanent heritable rights to Bhola Das. After the death of Bhola Das, the same remained in possession of the said three sons of Bhola Das as coparcenary property. The grant was not subject to any condition and no condition ran with the propriety rights of joint enjoyment of the properties in suit by the parties. However, bhog, niyog and puja were done by the parties to the deity recorded in the record of rights. There is unity of title and community of interest in matters relating to ownership and possession of the suit properties by all the parties to the suit. The family members of the parties are in separate possession of some of the suit properties for the sake of convenience but there has been no partition by metes and bounds. The plaintiffs claimed 2/3rd share in the suit property as the plaintiffs' demand for partition was refused by the defendants. Hence, the plaintiffs filed the suit for partition.