JANKI RAM Vs. AMIR CHAND RAM

JUDGEMENT

(1.) This second appeal by the plaintiffs is against a judgment of affirmance.

(2.) The plaintiff-appellants brought a suit for partition of their 1/4th share in the suit properties (details of which were given at the foot of the plaint). The suit properties related to (i) lands of khata No. 57 of village Maheshlundi and (ii) 2.66 acres of land appertaining to khata No. 15 of village Bclatanr. It is pertinent to note here that after filing of the written statement by the contesting defendants the plaintiffs amended the plaint and then included the Belatanr lands. Defendants Nos. 22 and 23 were also added after the filing of the written statement by the contesting defendants.

(3.) Shorn of other details, jn short, the plaintiffs claim unity of title and possession with regard to the lands of the aforesaid two khatas (as mentioned above). The plaintiffs' case was that Maheshlundi land ap-pertaining to khata No. 57 were recorded jointly as Belagan Raiyati in the name of four sons of Jhandu Ram, which constituted. according to the plaintiffs, a joint Hindu family governed by Hindu Mitakshara school of law. The plaintiffs' further case is that after tine survey the four brothers separated in their mess and used to cultivate the lands of khata No. 57 separately for the sake of convenience without ever having partitioned the lands by metes and bounds. The plaintiffs' case was that though the plaintiffs and defendants 1 to 18 have been cultivating the lands of khata No. 57 separately according to convenience only, yet defendants 16 to 18 and defendants 1 to 15 surreptitiously transferred some lands, o'ut of which a proceeding under Section 145 of the Code of Criminal Procedure was started.