NATHANIMIAN Vs. AMIR HUSSAIN

JUDGEMENT

(1.) This first appeal is directed against a judgment and decree dated 4th larch, 1983 passed by Sri Indrajeet Mishra, 4th Additional Subordinate Judge, Daltonganj in Partition Suit No. 2 of 1981 whereby and whereunder the said learned court decreed the plaintiffs- respondents suit.

(2.) The plaintiffs-respondent Nos. 1 and 2 filed the aforementioned suit for declaration of their title purported to be on the basis of two deeds of sale dated 14-11-1979 (Exts. 2 and 2/A) executed by Sarifan Bibi in their favour whereby and whereunder the plaintiffs allegedly acquired half share in the properties in suit, and fora decree for partition in respect thereof by carving out a separate khata through a survey knowing Pleader Commissioner-

(3.) The fact of the matter lies in a very narrow compass. The properties in suit admittedly belonged to one Budhan Mian father of defendant No. 1 and Nabi Husain Mian. The suit lands were recorded in their names in the survey settlement record-pf-rights shown Budhan Mian having 3/4th share and Nabi Hussain Mian having l/4th share therein. Allegedly, they had also been in separate possession of the suit properties for the sake of convenience.