ISMAIL Vs. IDRISH

JUDGEMENT

(1.) This appeal by defendants Nos. 1 to 3 arises out of a suit brought by respondent No. 1 for partition of Kast lands of village Pachrukha Tola Mokhlishpur, Police Station Motibari Muffasil, appertaining to Tauzi No. 911, in the district of Champaran.

(2.) According to the parties, the common ancestor was Sheik Bhikhu, who had two sons--Sheikh Pahari and Sheikh Langat. A partition was effected between the heirs of the two brothers and separate possession of the branches of each of the two brothers was noted during the revisional survey operation. The land of Khata No. 64 to the extent of 17 Kathas 7 dhurs was recorded in the names of Sheikh Khoda Bux, Sheikh Gudar, Sheikh Revasat Ali and Sheikh Gulzar, who were the heirs of Sheikh Langat, and the heirs of Sheikh Pahari also got possession to the extent of half in that land. The case of the plaintiff-respondent No. 1 was that the lands described at the bottom of the plaint were coming in joint possession of the respondent No. 1 and the appellants, although they were cultivating the lands separately, there had been no partition by metes and bounds. Hence the suit.

(3.) The case of the appellants was that there was no unity of title and unity of possession between them and respondent No. 1. According to them, the present suit for partition was virtually brought for the cancellation of the deed of gift dated 24-1-1956 executed by Sheik Reyasat Ali in favour of these appellants and for declaration of title of the respondent No. 1. According to them the parties, were entirely separate. The lands detailed in the schedule of plaint were the self acquired property of Reyasat Ali, the father of the appellants, as well as respondent No. 1, which he gave to the appellants by means of a registered deed of sift (Hibbanama) dated the 24th January 1956. The area conveyed by the deed of gift was 6 Bighs 15 Kathas 151/2 Dhurs. As the other defendants have not appealed to this Court, the finding of the Court below in respect of other lands is affirmed.