RAMDEO SAO Vs. MD QUAMRUL HODA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 3.1.1975 passed by the learned Subordinate Judge, Biharsharif, in T.S. No. 242 of 1970. Defendants No. 20 to 22 are the Appellants.

(2.) The suit was filed by late Bibi Fatimi as the sole Plaintiff for partition in respect of, the lands appertaining to Khata No. 441 (Part) and 442, Touzi No. 11017 situated at village Kumssuri, fully described in Schedule I of the plaint. Since during the pendency of the suit, Bibi Fatima died, her son Md. Quamrul Hoda and daughter Bibi Jaina were substituted as Plaintiffs. During the pendency of the present appeal, Bibi Jaina, who was issueless also died leaving behind her brother Md. Quamrul Hoda, who is already on the record.

(3.) The Plaintiff has based his claim on the basis that the suit properties are ancestral in nature in which the share of the original Plaintiff, Bibi Fatima, is 1 and 14 dams. But the Defendants-Appellants have disputed this basis fact pertaining to the character of the properties.