KRISHAN Vs. KRISHANOO

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the decree and judgment of the learned single Judge dated Nov. 9, 1973, who affirmed the decree and judgment passed by the learned Additional District Judge.

(2.) A few facts relevant to decide this appeal may be stated. The land in dispute is one-fourth share in Khasra Nos. 35, 38, 2/2, 3, 4, 53/2, 57, 58/2, 39, 45 and 52 measuring 43 bighas and 2 biswas situated in village Bamta. In order to understand this case, it is necessary to set out the genealogical table which gives the relationship of the parties and to make certain observations :

(3.) Smt. Phini deceased made a gift of her one-fourth share in the above land in favour of Krishanoo Ram plaintiff. The plaintiff applied to the revenue authorities for the partition of his one-fourth share. S/Shri Budhu, Jagarnathu and Anantia (defendants Nos. 1 to 3) opposed the application. Consequently, the plaintiff was directed by an order dated 31-1-1962 to get his title determined from a civil court. The plaintiff accordingly filed the suit for a declaration to the effect that he is the owner of one-fourth share of the land in dispute and is entitled to separate his share by partition.