PRAKASH CHANDRA Vs. ISHWAR CHANDRA

JUDGEMENT

(1.) The facts are : On 3-12-1969 Ishwar Chandra institutes a law suit under Sec. 176, Z. A. and L. R. Act in the court of Assistant Collector, First Class. The pleading is the he is co-tenant with two defendants and his share is l/3rd in the holding.

(2.) On 22-1-1970 a written statement by defendant Prakash Chandra : also a separate written statement by Jagdish Chandra. Shares are not disputed. They allege through a family settlement shares have been separated on the ground. The share of plaintiff is situate on the eastern side of the holding; theirs on the western side. On 4-1-1970 issues are framed for clearer apprehension. 21-5-1970 finds trial Judge enter a judgment declaring share of each co-tenure-holder l/3rd in the joint holding. Also orders actual partition by meets and bounds to eventuate in accord with direction in paragraph 28 of the preliminary order.

(3.) Aggrieved by this an appeal by Ishwar Chandra on 7-12-1974 Additional Commissioner has allowed the appeal in part even while toe order determining ⅓ share of each co-tenant is firmly affirmed. Yet the observation that final decree shall be prepared according to directions in paragraph 28 of the order is quashed. Aggrieved by part reversal in preliminary order second appeal by defendant Prakash Chandra.