YUGESHWAR PRASAD Vs. SURAJ NARAIN PRASAD

JUDGEMENT

(1.) This second appeal is by the defendants against a judgment of reversal in a suit for partition.

(2.) The plaintiff claimed 10 annas and 18 gandas share in the properties as detailed at the foot of the plaint.

(3.) The suit related to Khasra No. 211 appertaining to Khata No. 331, Thana No. 542 in Tauzi No. 7205. It also related to plots Nos. 97, 98 and 99. Plot No. 97 related to khata No. 42 and plots 98 and 99 related to khata No. 46. These two khatas, i. e. khata Nos. 42 and 46, appertained to Thana No. 538 within the same Tauzi. It also related to plot No. 100 appertaining to khata No. 49 in Thana No. 538 within the same Tauzi. The trial Court dismissed the suit. The plaintiff preferred an appeal. The court of appeal below rejected the claim of the plaintiff with regard to plot No. 211 appertaining to khata No. 331. But, with regard to the plaintiff's claim regarding the plots appertaining to khata Nos. 42, 46 and 49, the plaintiff's claim of partition was decreed. It is pertinent to note here that plot No. 100 appertaining to khata No. 49 is a gair mazrua malik land.