AZIMUDDINS Vs. KALEY KHAN

JUDGEMENT

(1.) The facts are : Kaley Khan files a law suit under Sec. 176, Z.A. and L.R. Act for partition of holding in the court of Assistant Collector First Class, Bulandshahar. The pleading has set forth a pedigree to make intelligible the relationship between contestants ; the heirs of grandfather Chita. The pleading has set forth that parties are co-tenure holders ; bhumidhars in possession. His share in joint holding is 1/2 ; the combined share of rest of the four co-tenants is also 1/2 ; the share of each comes to ⅛th. The relief of a declaration of 1/2 share in joint tenure he prays court for.

(2.) Defendants Azimuddin's 1 to 4, in a joint, written statement, refute and repudicate what is set forth. Their contention is that holding is of two nature ; ancestral and self acquired. As respects land inherited from ancestor Chita, the share of each co-tenant is 1/5 as Chita has coopted all of them as co-tenants in consolidation. Thus the share of Kaley Khan is not 1/2 but only ⅕th. As it respects land purchased, the share of plaintiff Kaley Khan is 1/5 ; their own joint share is ⅘th. Also a plea is raised that some area of land is Abadi in village Kalulu. The relief to divide the share in this manner, they pray the court for.

(3.) On 23-2-1979 plaintiff Kaley Khad files an application in replication. It has been set forth that self-acquired land was purchased from accumulated in come from the estate of Chita. So the shares in respect of that land will be according to entitlement through pedigree. So his share in self, acquired land is truly 1/2 too.