MAHMAD ALI Vs. AKRAM ALI

JUDGEMENT

(1.) THIS is a Letters Patent Appeal against the judgment and decree of the learned Single Judge dated 8th August, 1974 passed in First Appeal No. 45 of 1965 modifying the decree of the trial court.

(2.) THE plaintiffs brought the suit for declaration of his title to the suit land, for confirmation of possession thereon as well as for partition. The suit land originally appertained to cadestral patta No. 129 which stood in the names of two brothers, namely, Anchal Mea, predecessor of the plaintiff and Latu Mea, predecessor of the defendants. The patta covered an area of 74B. 19k. and 4Ch. The cadestral patta was resurveyed in five pattas during the first resettlement operation. The five resettlement pattas are first R.S. Patta Nos. 165, 179, 180, 181 and 182. These five R. S. Pattas were again resurveyed during the second resettlement operation in nine pattas, namely, second R. S. Patta Nos. 261, 248, 249, 250, 251, 231, 240, 253 and 254. The original pattadars, namely, Anchal Mea and Latu Mea died leaving several heirs, each. Although each of them left several heirs, there is no dispute now that the plaintiff Mosaid Mea who was the son of Anchal Mea came to be the owner of the entire land falling in the share of Anchal Mea by right of inheritance as well as by purchase from other co-sharers. Similarly, although there were various other heirs left by Latu Mea, there is no dispute that present defendants have become the owners of the entire share of Latu Mea by inheritance as well as by purchase from other co-shares.

(3.) THE defendants' case is that the two brothers, Anchal Mea and Latu Mea were the owners of equal interest in the disputed cadestral patta No. 129. The defendants' further case is that by his purchase under 3 sale deeds Exts. 10, 11 and 18 the plaintiff could not acquire any interest over 4B. 14K and 3Ch. of land as the defendants had earlier repurchased this land from Khurshed Ali to whom their predecessor Anju Mea had sold the same.