ABDUL RAZZAQ Vs. NASIR

JUDGEMENT

(1.) The facts are : A declaratory lawsuit is filed by Nasir and Yasin. The claim is that they are co-sirdar tenants in possession on with uncle Abdul Karim. Their share in the holding is ; the rest 1/2 in uncle Abdul Karim's, defendant here.

(2.) Defendants Abdul Razzaq and Mohsin Ali resist the claim in a written statement. They claim co-tenurial rights because the name of Shahadat, plaintiff's, father, was noted in khatoni in a representative capacity. On his death, the name of his son Abdul Karim came is as he was Karta of the family. So co-tenant with 1/2 share in the holding. The joint share of plaintiff Nasir and Yasin is 1/3 ; the share of defendant Abdul karim is 1/4th. On 26-10-1967 the suit of plaintiff Nasir's is decreed for 1/4th share, instead of 1/2 in he holding.

(3.) Plaintiff Nasir' appeal. On 23-9-1968 Additional Commissioner enters an order allowing the appeal ; the share of plaintiff is declared 1/2 ; that of uncle Abdul Karim 1/2. The verdict is that defendants Abdul Razzaq and Mohsin Ali are not co-tenants and entitled to no share in the holding.