(1.) These two cases have been referred to the Full Bench and they involve the construction of certain provisions of the Land Reforms Act. It will be more convenient to deal with them separately. Second Appeal No. 634 of 1949
(2.) This second appeal has been brought by the defendants from a judgment and decree of the Additional Subordinate Judge of Monghyr dated the 12th March, 1949, in a suit for partition. The suit has been decreed by both the courts below.
(3.) The plaintiffs sued for partition of certain plots in village Parbatta, Jagir Hasanuddin Nayak, Tauzi No. 1920. These plots are Nos. 247 and 249 of Khata No. 83 having an area of 5 bighas 10 kathas and 18 dhurs, and plot Nos. 246, 248 and 250 of Khata No. 84 having an area of 4 bighas, 17 kathas and 4 dhurs. The plaintiffs claimed to be proprietors to the extent of eight annas in the aforesaid Jagir, and the remaining eight annas belonged to the defendants first party. The land bearing a total area of 10 bighas, 7 kathas and 12 dhurs was alleged to have been in joint possession of the parties. It was further stated by the plaintiffs that on a demand for partition the defendants had refused. Hence the necessity to bring the suit.