RAM SAWARI DEVI Vs. MANIRAJ RAI

JUDGEMENT

(1.) Defendants 1 to 11 of the first party are. the appellants. The plaintiffs and the other defendants are the respondents. The plaintiffs filed the suit for partition of half share of the lands described at the foot of the plaint, namely, khata No. 199, area, 9 bighas 1 Katha 9 dhurs khata No. 107, area 1 bigha 9 kathas 5 dhurs and khata No. 209, area 3 bighas 2 kathas 4 dhurs situated in mauza Pakaria; khata No. 6, area 1 bigha 1 katha 6 dhurs situated in mauza Bishunpura; and khata No. 161, area 1 bigha 3 kathas 3 dhurs situated in mouza Rekha Sundar, hereinafter called the suit properties'.

(2.) The common ancestor of the plaintiffs and the defendants first party was one Lalman Raj. He died before the cadastral survey leaving behind five sons, namely, Jugesar Rai, Ramtahai Rai, Jaleshwar Rai, Pritpal Rai and Parmeshwar Rai. The suit lands were measured in the cadastral survey operation, and the record of rights was prepared and finally -published in the beginning of 1895. The suit lands of mauza Pakaria were recorded jointly in the names of Ramtahai Rai and Jugeshwar Rai. The suit lands of village Bisunpura were jointly recorded in the names of Ramtahai Rai and Ramprit Rai, while the suit lands of village Rekha Sundarpati were recorded jointly in the names of. ' Ramtahai Rai and Pritpal Rai. A few years after the publication of the cadastral survey record of rights, the five sons of Lalman Rai separated from one another and partitioned their movable properties and began to cultivate the suit land separately. After the aforesaid separation, Jugesar Rai died leaving behind his son, Sukhlal Rai, Pritpal Rai died leaving behind his sons, Rambaran Rai and Bharosi Rai and Ramtahal Rai died leaving behind Nand Kumar Rai and Sital Rai. Sukhki Rai died leaving behind his son, Maniraj Rai, who is plaintiff No. 1, and the remaining plaintiffs 2 to 5 are the sons of plaintiff No. 1. Nand Kumar Rai died leaving behind five sons, namely, Seoratan Rai (Defendant No. 1 -Since deceased), Mahinder Rai (defendant No. 2), Inder Rai (defendant No. 4), Raja Rai (defendant No. 9) and Sheobalak Rai (defendant No. 10). Defendant No. 3 is the son of defendant No. 2. Defendants 5, 6, 7 and 8 are the sons of defendant No. 4. Shital Rai died leaving behind two daughters, Mosmt. Deoraza and Bijuria who are defendants 12 and 13, Defendants 14 to 20 are the transferees from the contesting parties. Jaleshwar Rai died leaving behind his son Raj Kumar Rai.

(3.) The entire suit lands were measured in the last revisional, survey operation, and the record of rights was prepared and finally published in the month of March, 1916. The suit lands of khatas 199 and 107 of village Pakaria were recorded in the names of Nand Kumar Rai and Shital Rai having two shares, each having one, and Sukhlal Rai having one share. The lands of Khata No. 209 of village Pakaria were recorded in the names of Rambaran and Bharosi Rai, jointly having one share. The suit lands of Mauza Bishunpura were recorded in the names of Ramtahal Rai and Parmeshwar Rai, having two shares, each having one share; Sukhlal Rai and Rajkumar Rai having two shares, each having one; and Rambaran Rai and Bharosi Rai jointly having one share. The suit lands of village Rekha Sundarpatti were recorded in the name of Raj Kumar Rai, having one share and Ramtahal Rai having two shares. In the remarks column of the revisional survey record of rights, some of the lands are shown in separate and exclusive possession of the above named recorded persons, while the other plots are recorded in their joint possession.