SURESH KUMAR PRASAD Vs. SYED IMAM ALI

JUDGEMENT

(1.) The plaintiff is the appellant in both the appeals. The plaintiff's suit for partition is for allotment of 9 annas 7 pies and 4 krants share of the land pertaining to plots Nos.813 and 815, khatas Nos.111 and 104 comprising in touzi No.389. The plaintiffs suit was decreed by the trial court to the extent of 5 annas, 4 pies only. As against these, two appeals were preferred. In Title Appeal No. 218 of 1959 the plaintiff claimed the balance share of 4 annas and odd while in Tide Appeal No. 229 of 1959 the defendants assailed the decree in favour of the plaintiff. The lower appellate court dismissed the appeal of the plaintiff and allowed that of the defendants, i.e., the suit was dismissed in its totality. Second Appeal No. 377 of 1964 by the plaintiff is to restore the trial court's decree and Second Appeal No. 558 of 1964 by the plaintiff is with respect to 4 annas and odd share refused concurrently by both the courts below. Both the appeals were disposed of by a common judgment.

(2.) Mr. Tara Kant Jha appearing on behalf of the appellants at the outset stated that he does not press Second Appeal No. 558 of 1964 by which both the courts below dismissed the suit with respect to 4 annas share. Second Appeal No. 558 of 1964 is thus dismissed as not being pressed. Second Appeal No. 377 of 1964.

(3.) The result of Second Appeal No. 377 of 1964 depends on the true and correct construction of a deed of Tamliknama (Exhibit 1), dated 18-3-1924, which is the document of title of the settlor of the plaintiff.