SOBHNATH Vs. SHRIDAT AND OTHERS

JUDGEMENT

(1.) THIS suit for partition of Bhumidhari land Under Section 176 of the U.P. Zamindari Abolition and Land Reforms Act was filed in the year 1957. The Civil Court determined the share of the Plaintiff as 1/6th. It appears that thereafter the Plaintiff applied for the preparation of final decree and a Commission was issued to prepare a lot of the Plaintiff's share. Lots were prepared by the Commissioner of the Court. Objection to the report of the Commissioner was filed. It was considered by the Munsif and rejected. The Commissioner's report was confirmed and a final decree for partition was prepared in terms of the proposal made by the lower appellate court and this appeal was also dismissed by the lower appellate court on 18th December, 1961.

(2.) IN appeal before me the only point urged by the learned Counsel for the Appellant is that the proceedings taken by the learned Munsif after the order passed by him declaring the share of the Plaintiff was without jurisdiction.

(3.) SECTION 182B unamended reads: