RABINDRA PRATAP SHARMA Vs. RAJESH KUMAR SHARMA

JUDGEMENT

(1.) The plaintiff-appellant has filed this First Appeal against the impugned Judgment and Decree dated 20.12.1979 passed by Sri Birendra Kumar Sinha, the learned 5 th Addl. Subordinate Judge, Siwan in title suit No.153 of 1970 dismissing in part the plaintiff s suit for partition.

(2.) The plaintiff-appellant filed the aforesaid title suit No.153 of 1970 claiming partition of properties mentioned in Schedule I, II and III to the extent of his 1/4 th share.

(3.) The plaintiff claimed his share on the facts inter alia that Devi Sharma had two sons, namely, Shyama Sharma and Raghubir Sharma. The plaintiff and defendant No.1 2 and 3 are sons of Raghubir Sharma and defendant Nos. 4 to 10 are sons and daughters and wife of Shyama Sharma. Both the brothers, namely, Shyama Sharma and Raghubur Sharma had separated in 1945. The properties were also partitioned except ancestral house which remained joint. Shayama Sharma died in the year 1958. Raghubir Sharma died in the year 1961 in jointness with the plaintiff and defendant No.1 to 3. After some time of the death of Raghubir Sharma, the plaintiff and defendant No.1 to 3 separated in family business but there was no partition of the properties of Raghubir Sharma. However, the parties were cultivating the lands according to their convenience. The joint house at Lucknow was occupied by tenants and the defendant No.1 was collecting the rent on behalf of all the defendants and plaintiffs. The defendant No.1 was residing at Lucknow as he was in railway service. For some time past, the intention of the defendant No.1 has become bad and refuse to give true account of collection of rent of Lucknow house, therefore, the plaintiff filed the suit for partition. It may be mentioned here that the facts which are relevant has only been mentioned here and the prior to history of genealogy is not given.