GOPI LAL Vs. MUKUT LAL

JUDGEMENT

(1.) The facts are : On 7-10-1980 Mukut Lal institutes a lawsuit under Sec. 176, Z.A. and L.R. Act, in the Court of Assistant Collector First Class, Anupshshar. The pleading has set forth a pedigree to explain the relationship amongst the co-tenure-holders. Mukut Lal claims that his share is 1/2 in the holding : the rest 1/2 is of defendants Gopi Lal and Deodutt by reason of devolution from ancestors indraman. The relief to declate his 1/2 share and to separate the holding he prays the court for.

(2.) On 5-1-1981 defendant Gopi Lal's in a joint written statement are disputing that Mukut Lal is adopted son of Ganga Sahai. It is given out that Ganga Sahai and Layak Ram have died issueless. Nevertheless, they said that Mukut Lal was in possession of Ganga Sahai's ⅓ share at the time of his death. In this view of things they are entitled to ⅔ share in the holding. In consolidation the share of each party is declared to be 1/3. The relief to declare their joint ⅔ share they pray the court for.

(3.) On pleadings of parties issues are formulated on 22-7-1981. Parties are given chance to lead their evidence : documental and oral. They have made their representation. On 26-8-1982 Assistant Collector First Class enters an order declaring Mukut Lal's 1/2 share in the holding. Aggrived by the order Mukut Lals appeal. On 10-3-1983 Additional Commissioner has allowed the appeal and modified the share of land in village Bamanpur. The share of Mukut Lal is specified in area : 7-19-9 : the defendants joint share in area : 8-3-2. Aggrieved by this order, defendant Gopi Lal's appeal.