BABULAL SOREN Vs. SINGA SOREN

JUDGEMENT

(1.) The members of the defendant first party in Title Suit No, 38 of 1949 are the appellants in this second appeal arising out of the judgment of affirmance.

(2.) The plaintiffs of the aforesaid title suit filed a suit fur partition of 33 bighas and 19 dhurs of lands appertaining to J. B. Nos. 35 and 75 of Kajbur. fully described in the schedule, appended to the plaint. The plaintiffs claimed 1/3rd share in the properties. The suit was decreed and the :plaintiffs claim for partition was allowed and the plaintiffs were allowed to have-a separate Patti of 1/3rd share in the lands and another Patti of 1/3rd share was to be allotted to defendant No. 3 Mt. Singha and the remaining Patti was to be allotted to defendants Nos. 1, 1/a and 2. Accordingly a preliminary decree was drawn. After the preliminary decree was drawn the Amin Commissioner was appointed to effect the partition by metes and bounds and the Court directed the Amin Commissioner to take into consideration the existing position of the parties and to maintain the same to carving out the separate Takhta by partition as far as practicable. The plaintiff took all steps for preparation of the final decree. The Amin Commissioner submitted his re-port, Batwara statements and the map showing allotment of lands in accordance with the preliminary decree to the respective parties (words have been underlined by me).

(3.) No objection was filed by any party against the report of the Amin Commissioner and hence the Court, confirmed the same by its order dated 21-11-1968. This is pertinent by the Court's order dated 21-11-1969: