AJIBAN BIBI Vs. SAMSUDDIN MIAN

JUDGEMENT

(1.) The plaintiffs-petitioners filed Partition Suit No. 15 of 1977 against the defendants- opposite parties before the Subordinate Judge, Palamu at Daltonganj for partition of their share. By judgment and preliminary decree dated 10-8-1984 the suit was decreed. Against that defendant No. 1 has preferred F.A. No. 6 of 1985 (R), which is pending before this court.

(2.) In the said judgment the trial court found that plot Nos. 2688, 2711 and 2729, were developed by defendant No. 1 and that his sister, defendant No. 2 has relinquished her share in his favour and as such directed specifically that those three plots as well as the share of defendant No. 2 to be allotted to defendant No. 1.

(3.) The plaintiffs-decree holders took steps for preparation of final decree. Amin Commissioner was appointed, who after making allotment submitted his report. The Commissioner violated the aforesaid direction of the Court and acted as if he was acting as appellate court. He neither allotted plot nos. 2711, 2729 and 2683 nor the share of defendant No. 2 to defendant No. 1. However, the trial court confirmed the said report of the Commissioner and accordingly final decree was prepared, sealed and signed on 30th September, 1988.