HANIF Vs. SHANTI DEVI

JUDGEMENT

(1.) This second appeal by Hanif is against the order of Additional Commissioner dated 6-10-1986 allowing the appeal against the order of trial Court decreeing the suit for partition of a holding under Sec. 176, Z. A. and L. R. Act.

(2.) The facts as per exposition in pleading are : On 10-2-1983 Hanif institutes a lawsuit under Sec. 176, Z. A. and L. R. Act in the Court of Assistant Collector, First Class, Fatehpur. The pleading is that he is co-Bhumidhar with defendant Mohd. Shafi of Khasra No. 313 area 8.0.0 situate in village Mahpur, district Fatehpur. The land was purchased from Yad inandan Sahai in 1371 Fasli through a registered sale-deed. His share situate on the northern side adjoining the road; that of Mohd. Shafi on the southern side. They are in possession their respective shares since. Out of his share of 5 bighas he has sold on 23-4-1982 an area of 15 biswas to defendants 1 to 3. The share of Mohd. Shafi is 3 bighas of 8.0.0. Also co-tenant Mohd. Shafi has sold his share to Smt. Shanti Devi, defendant No. 5. The cause of action are when Smt. Shanti Devi threatend to trespass ever his share in the holding. The relief to separate the holding according to specified shares is prayed for.

(3.) The aforesaid pleading is dispute by Smt. Shanti Devi in a written statement lodged on 23-4-1983. She says defendants 5 to 7 are co-Bhumidhar tenants in possession. On 2-11-1982 they have purchased from Mohd. Shafi Khasra No. 313/2 area 3.0.0. bighas situate on western side of the holding. Their names have been mutated by the order of Naib Tahsildar dated 18-2-1983. That Khasra Nos. 313/1 and 31/3.2 are being separately shown from 1371-F. That oo-tenure-holders are in separate possession according to their entitlements. The suit for Khasra No. 313/1 area 8 bighas is not, therefore, maintainable. Plaintiff and defendant Nos. 1 to 3 have no right or possession over of separate land. Plaintiff is not a co-tenant of Khasra No. 313/2 area 3 bighas. The relief to dismiss the suit is prayed for.