JAIGOBIND MISIR Vs. NAGESAR PRASAD

JUDGEMENT

(1.) This appeal arises out of a suit for PARTITION. The plaintiffs sought the parti-lion of their eight annas proprietary share in village Tilakpura, bearing tauzi No. 1053, this proprietary share having been held by them since the year 1874. It was stated by the plaintiffs that the lands of the village are still joint and that the proprietors had been cultivating the 'bakasht' lands according to convenience in cultivation and that they had been making collections of rent according to their respective shares.

(2.) The suit was contested by some of the defendants on two pleas; firstly, that the suit was bad on account of misjoinder and nonjoinder of parties, and, secondly, that all the lands of the 'mauza' had been divided between the different co-sharers who were separately cultivating the lands allotted to them.

(3.) The learned Subordinate Judge decreed the suit after repelling the contentions put forward by the defendants and the defendants have, therefore, preferred this first appeal.