NABI HASAN Vs. SULTAN, ETC.

JUDGEMENT

(1.) The facts are : On 26-6-1984 a law suit by Nabi Hasan under Sec. 176, Z.A. and Rs.K. Act in the court of Assistant Collector, First Class, Deoria. The pleading has set forth that parties are Co-tenure-holders and share of each is 1/2 in joint holding. The defendants had no reason to dispute the claim as put forth. On basis of a compromise an order of preliminary decree dated 26-6-1984.

(2.) Proceeding begins to separate the shares by metes and bounds through Quarras This is decided too on basis of a compromise specifying which khasra no to which co-tenure holder. On 31-7-1987 trial court passes an order of final decree alloting share as illustrated in Sketch map dated 7-1-1985. This concludes the partition suit.

(3.) On 5-2-1988 a motion in restoration by Sultan. It is given out that on basis of a compromise reached between them the tenure was partitioned and Qurras allotted. The grievance is that some land abutting the road has gone in allotment to Nabi Hasan of this he became aware on 3-2-1988. His dreaded suspicion was affirmed on enquiry from Lekhpal. So a request to set aside the order of allotment of qurras dated 31-7-1987. On 8-12-1988 trial court rejects restoration.