NAGENDRA KUMAR GAMI Vs. MD. MOHIUDDIN ANSARI

JUDGEMENT

(1.) SINCE the first appeal filed by the plaintiffs has been dismissed, the cross-objection filed by respondent No.1 has been listed for final hearing.

(2.) THE first appeal was filed by the plaintiffs appellants against the judgment and decree dated 26.11.1971 passed by the learned Additional Subordinate Judge, Darbhanga in Partition Suit No. 176 of 1965/ 49 of 1968.

(3.) AFTER trail the trial court held that the plaintiffs have not been able to prove their title and possession to the extent as clamed as such there is no unity of title and possession. Accordingly dismissed the plaintiffs' suit. However, in the last three lines of paragraph 16 the trial court observed that in view of the existence of Bymokasa it cannot held that Biltu acquired interest by inheritance to the extent alleged by the plaintiffs and on the other hand title and possession of defendant No.9 over 9 kattha stands proved. The cross-objection has been filed by the original respondent Mr. Habiburrahman @ Biltu.