ZARIF AHMAD AND ANOTHER Vs. SULEMAN

JUDGEMENT

(1.) Heard learned counsel for the appellant on point of admission of second appeal and perused the record. After hearing rival contentions it appears on basis of admitted facts this appeal may be decided at this stage on merits. It is accordingly decided.

(2.) It is admitted case of the parties that Khasra No. 73 is recorded in the name of eight co -tenants jointly, who are Zarif Ahmad, Mohd. Safi, Suleman, Chhota, Inam, Bashir, Sherif and Mohd. Aftab Alam.

(3.) It is also admitted fact that in revenue court a suit no. 26/2006 (new no. 94/2007 -08 Zarif Ahmad v. Islam), was filed for partition, in which whole of the plot no. 73, came in the share of Jarif Ahmad. Then an appeal was preferred, which was allowed by judgment dated 20.02.2008 of Additional Commissioner. Against the said judgment of the Additional Commissioner, second appeal is pending before the Board of Revenue; and by an interim order dated 08.04.2008, the Board of Revenue had admitted the appeal and stayed the operation of the order dated 20.02.2008 passed by Additional Commissioner.