PRAFULLA KUMAR SAHU Vs. CHARULATA SAHU

JUDGEMENT

(1.) Defendant No. 1 is the appellant. Plaintiff-respondent No. 1 had filed the suit for partition. The undisputed genealogy is as follows : <IMG>JUDGEMENT_387_CCC4_2000Image1.jpg</IMG> In view of adoption of Nilamani by another person and death of Debendra in 1968, plaintiff her sister (defendant No. 2) and brother (defendant No.1) continued as members of the family of Kumar Sahu, who admittedly died in the year 1969. As per the plaintiff's allegation, the properties described in Schedules-A to F of the plaint are joint ancestral properties of the plaintiff and defendants. Subsequently after death of the father, misunderstanding arose giving rise to the filing of the suit for partition. The plaintiff claimed one-third share in the properties described in Schedules -A to F.

(2.) Defendant No. 2 had filed a written statement substantially supporting the case of the plaintiff. Defendant No. 1 filed written statement challenging the right of the plaintiff as well as of defendant No. 2 to claim partition stating that they had been given some properties during the life-time of Kumar and as such they had no right to claim any property after death of Kumar. Defendant No. 1 also claimed that plaintiff and defendant No. 2 had no right in the properties and that the structure standing on the land had been erected by utilising the money of defendant No. 1 and as such plaintiff and defendant No. 2 are not entitled to any share in the said property.

(3.) The trial Court framed the following issues: