RAM RATAN LAL Vs. MAHENDRA PRASAD

JUDGEMENT

(1.) THE defendant nos. 1 and 2 have filed this first appeal against the judgment and decree dated 21.05.1988 passed by the learned Subordinate Judge -VI, Patna in Title Suit No. 39 of 1973/130 of 1983 whereby the court below decreed the plaintiff -respondent no. 1's suit for partition to the extent of 1/3rd share.

(2.) THE plaintiff -respondent no. 1 filed the aforesaid suit claiming 1/3rd share in the suit property alleging that one Mewa Lal had four sons and one daughter, namely, Ram Narayan Lal, Shyam Lal, Radhe Krishna Lal and Basudeo Lal. The name of the daughter was Smt. Janak Kishori Devi. The original plaintiff no. 1 Rajmati was the widow of Ram Narayan Lal and plaintiff no. 2 is the son of Ram Narayan Lal. The plaintiff no. 1 died. The branch of Shyam Lal became extinct on the death of his daughter Sona Yadav @ Devi, who was defendant no. 5. The branch of Radhe Krishna Lal also became extinct on the death of his widow and daughter prior to institution of the suit. The fourth son died leaving behind his two sons, Ram Ratan Lal and Manohar Lal, who are defendant nos. 1 and 2 -appellants and two daughters, namely, Sushila Devi (defendant no. 3) and Kanti Devi(defendant no. 4 -respondent no. 7 herein). The daughter of Mewa Lal, Smt. Janak Kishori Devi was married with defendant no. 6 and Janak Kishori Devi was defendant no. 7. On the death of defendant no. 7, her heirs have been substituted. According to the plaintiff, Ram Narayan Lal died in jointness with the plaintiffs and defendant nos. 1 to 5 on 28.08.1971. Shyam Lal died on 31.05.1970. Radhe Krishna Lal died on 23.06.1952. Basudeo Lal died on 16.10.1971. Janak Kishori Devi, the daughter of Mewa Lal is not entitled to any share in the property of Mewa Lal as Mewa Lal died 23 -24 years ago. The plaintiffs -defendant nos. 1 to 5 are the members of the joint family wherein the defendant no. 1 is the Karta. On the death of Ram Narayan Lal, the defendant no. 1, the Karta, refused to give share and even to maintain the plaintiffs. The plaintiffs have got 1/3rd share, the original defendant no. 5 has got 1/3rd share and 1/3rd share belonged to defendant nos. 1 to 4.

(3.) ACCORDING to the defendant nos. 1 and 2, the plaintiff no. 1 is not the widow and plaintiff no. 2 is not the son of Late Ram Narayan Lal. Mewa Lal died on 06.12.1948 in state of jointness with his four sons. There is no joint family of the plaintiffs on one hand and the defendant nos. 1 to 5 on the other nor the properties are in possession of the plaintiffs along with these defendants. The suit properties belonged to and are in possession of defendant nos. 1 and 2 and Smt. Sona Devi. In fact Ram Narayan Lal was married with one Smt. Parwati Devi @ Lalia, daughter of Sri Govind Bhagat but there was no issue. She became traceless before 26 -27 years ago. Since Ram Narayan Lal had no issue, he bequeathed his properties and executed a deed of Will on 18.04.1971 in favour of defendant nos. 1 and 2. The plaintiffs have been set up by Kamta Prasad, who is on inimical terms with the defendants. Plaintiff no. 1 is in fact the widow of Bulak Gope and plaintiff no. 2 is the son of plaintiff no. 1.