CHEKHURI MALLAH Vs. BHABHUTI MALLAH

JUDGEMENT

(1.) This is a plaintiffs' second appeal against the judgment of affirmance passed by the learned Additional Subordinate Judge in appeal arising out of a suit for partition, pure and simple.

(2.) Certain facts are undisputed and they are these. One Ramjiwan had two sons, called Dhanai and Thanai. Dhanai had two sons, Nema and Chowa. Thanai had no issue and he died leaving his widow Mostt. Akhaji, who is also dead. The plaintiffs are the descendants of Nema, whereas defendants first party are descendants of Chowa. The other defendants impleaded are purchasers of a portion of the properties sought to be partitioned from the defendants of Chowa.

(3.) The plaintiffs alleged that although separate possession of the descendants of Nema and Chowa as also Mostt. Akhaji were recorded in the cadestral survey settlement operation, which undisputedly took place some time near about 1912, the properties which once belonged to Ramjiwan and which are undisputedly the lands which are sought to be partitioned, were never partitioned between the parties by metes and bounds. The plaintiffs felt difficulty in cultivation of the lands. They demanded partition which was refused. This led the plaintiffs to institute the instant suit for partition.