KEDAR MIAN Vs. ALI HASSAN MIAN AND ORS.

JUDGEMENT

(1.) Plaintiff-appellant has preferred instant appeal against the judgment dated 26.11.1979 and preliminary decree dated 10.12.1989 passed by Subordinate Judge, Gopalganj in Title Suit No.135 of 1976 dismissing the suit on contest against the contesting defendants as well as ex-parte against remaining.

(2.) When the appeal was taken up for hearing, on first day there was presence of respondent but subsequently thereof, the learned counsel became absent and on account thereof, hearing proceeded in terms of Order XLI Rule-17(2) of the CPC.

(3.) Asking for declaration of half share relating to the immovable properties detailed under Schedule-I, II as well as 1/6th share in Schedule-III as well as IV of the plaint and further, carving out the patti by way of appointment of Survey Knowing Pleader Commissioner followed with delivery of possession, cost of the suit, any other relief or reliefs which the plaintiff is found entitled for, enlisted the details of properties under Four schedule for which, the plaintiff / appellant furnished different genealogical table. The first one relates with his own family wherefrom, it is evident that Kurban Mian was the common ancestor who died leaving behind five sons Jamadar, Jamir, Gajar, Kadir and Nazir. Jamadar, Gajar and Nazir died issue less. Jamir died leaving behind three sons Ali Hassan, Id Mohammad, Rose Mohammad and two daughters Biwi Latifan, Biwi Matifan (defendant no.1 to 5).