ABBAS MIAN @ LAL MIAN Vs. NAINA KHATOON @ PAPPI

JUDGEMENT

(1.) THE contesting defendants have filed this first appeal against the judgment and preliminary decree dated 28.02.1985 passed by learned Subordinate Judge -III, Gaya in Partition Suit No.30 of 1983 whereby the plaintiffs' suit for partition to the extent of 70 paise share in the suit land has been decreed.

(2.) THE plaintiffs filed the aforesaid partition suit claiming partition of 70 paise share alleging that Budhan Kungara had two sons, namely, Dukhi Mian and Bhukhi Mian. Dukhi Mian had a son Mangtu Mian, whereas Bhuki Mian had two sons and one daughter, namely, Nathun Mian, Janglu Mian and Bibi Basiran. It may be mentioned here that Bibi Basiran has been added subsequently by amendment. This Bibi Basiran was defendant no.5. Nathun Mian died on 29.01.1981 leaving behind widow Bibi Sabiran but she also died on 20.02.1983 leaving behind the plaintiff no.1, Bibi Sakina Khatoon and his daughter Asma khatoon is plaintiff no.2. The contesting defendants -appellants represented the branch of Janglu Mian.

(3.) THE further case of the plaintiffs is that Nathun Mian was working at Kulti in Burdwan district and the plaintiff was living with her husband at Kulti as her husband was also employed there. Mangtu had divided his property. Schedule -A land of the plaint was allotted to Nathun Mian and Janglu Mian. Since the plaintiffs were residing at Kulti, the cultivation work of the land of their share was entrusted to the defendants. However, after death of Nathun Mian, taking advantage of helplessness of the plaintiffs, the defendants filed the mutation application claiming mutation of their names alleging that Nathun Mian died long ago and they are the only heirs. Nathun Mian had executed Baxisnama in their favour. Accordingly, without notice to the plaintiffs, mutation was done. Plaintiff no.1 has purchased 20 paise share of Baxisnama through registered sale deed dated 23.10.1983 and it is false to say that Sabiran died on 20.02.1983. According to the plaintiffs, they have got 70 paise share in the suit property.