MAHADEIYA Vs. GIRDHARI

JUDGEMENT

(1.) This second appeal is filed by Smt. Mahadaiya and Smt. Nanki against the order of Additional Commissioner dated 1.4.1976 allowing the appeal and modifying the shares of Co-tenure-holders as determined by trial court on 21.4.1995 in an action at law under Sec. 176 Z.A. and L.R. Act.

(2.) The facts as per exposition in the pleading are: Smt. Mahadaiya and Smt. Nanki institute a lawsuit under Sec. 176 Z.A. and L.R. Act in the court of Assistant Collector, First Class. The pleading is that land was acquired by Smt. Tulsia; on her death the inheritance is shared by her two daughters. Consequently they are entitled to ⅔ share. The share of defendants Munnu and Sharda, son of daughter Smt. Ramdaiya, is ⅓ in the joint holding. The relief of division of holding is prayed for.

(3.) In denial a written statement by Munnu and Sharda alleging plaintiff's share is only ⅓ on devolution from Smt. Tulsia and Sharda, the Co-tenure-holders. Consequently the share of plaintiffs is ⅓rd and their share is ⅔rd in the holding. The relief to determine the shares accordingly is prayed for.