DHARAM NARAIN Vs. LALMAN SHUKLA AND OTHERS

JUDGEMENT

(1.) This is a revision by Iharam Narain, Defendant, against to order dated 12.10.1963 of the City Munsif of Jaunpur, directing that final scree shall be prepared with regard which steps were to be taken within four days.

(2.) The present suit related to the partition of agricultural holding. The City Munsif not only determined the shares of the parties but directed that final partition decree shall be prepared.

(3.) Two decisions of this Court were brought to my notice, but they relate to the law as was in existence before the amendment of the UPZA and LR Act under U.P. Act No. XXXVII of 1958. The case of Sobh Nath v. Shri Dat and Ors.,1965 AndhWR 276) arises out of a suit instituted in the year 1957. It is not clear when final partition decree was passed in the suit. The appeal against the final decree was, however, dismissed by the Civil Judge on December 18, 1961. While laying down the jurisdiction of the Civil Court, Hon'ble S.N. Singh, J. referred to un amended Section 182B of the UPZA and LR Act and not to the section as amended under U.P. Act No, XXXVII of 1958. It can, therefore, be assumed that Sobh Nath v. Shri Datt and Ors. arose out of a suit decided prior to the commencement of the amending Act. U.P. Act No. XXXVII. of 1958 made material amendments to the UPZA and LR Act and consequently, the above cannot be treated as an authority on the amended law.