PARMESHWAR MAHTON Vs. RAMCHARITAR SINGH

JUDGEMENT

(1.) Defendants 5, 6, 7 and 9 are the appellants.

(2.) One Roshan Ali died leaving a son, Abid Ali, a widow, Bibi Khodiza, and a daughter Budha Bibi. According to the case of the plaintiffs, Abid Ali got 13 annas 4 pies interest in the properties left by Roshan Ali. The remaining 2 annas 8 pies interest vested either in Bibi Khodiza, the widow, or Budha Bibi, the daughter, or both; but ultimately, the entire 2 annas 8 pies share came in possession and ownership of the daughter, Budha Bibi. Abid Ali died leaving a son, Nawab (defendant No. 1), a widow Wazihan and four daughters, Soghra, Zohra, Bibi Buna and Noorzehan (defendants 12 to 15). Zohra has two sons, Farooq (defendant No. 3) and Nazir, a minor, defendant No. 16. In the inheritance of Abid AH, therefore, Nawab got 3 annas 10 pies share, the widow, Wazihan, got 1 anna 8 pies share and the four daughters got 7 annas 8 pies share. On the 15th March, 1947, Budba transferred her 2 annas 8 pies share to Farooq and Nasir, sons of Zohra. On the 24th October, 1953, the four daughters gave their 7 annas 8 pies interest in mokarrari to one Saheb Singh. On the same day, Zohra also gave 1 anna 4 pies share of her minor son, Nazir, in mokarrari to the said Saheb Singh. Thus, Saheb Singh got 9 annas share in the properties in question. On the 19th July, 1954, Saheb sold 14 kathas in survey plot No. 450 and 9 kathas 15 dhurs in survey plot No. 385 to one Sheoratan (plaintiff No. 4) and Guput (plaintiff No. 5), respectively. These lands appertain to khata No. 196. Saheb Singh, as plaintiff No. 1, and his two sons, as plaintiffs, 2 and 3, along with Sheoratan and Guput (plaintiffs 4 and 5), filed a suit for partition of the above 9 annas share against the various defendants, including the appellants. During the pendency of the suit, Saheb Singh died leaving behind his two sons, who were already on record as plaintiffs 2 and 3.

(3.) The suit was contested mainly by defendant No. 1, Nawab, who pleaded that the entire inheritance of Roshan Ali had passed on to him as all the females were excluded from inheritance. According to his case, on the death of Roshan, his entire inheritance passed to Abid Ali and nothing was inherited by Bibi Khodiza or Budha Bibi. Similarly, on the death of Abid Ali, his son, Nawab, got the entire inheritance, and the widow, Wazihan, and the four daughters of Abid Ali did not get any share in that inheritance. It was also pleaded that he was in possession of the suit properties for over 12 years and thus acquired right by adverse possession. He made bhaoli settlement of the suit lands with defendants 4 to 10 and later on the bhaoli rent was commuted into naqdi in 1353 Fs. Defendants 4 to 10, who were the bhaoli settlees, supported the case of defendant No. 1 and claimed that they were the tenants under him. The suit was compromised between the plaintiffs and defendants 4, 8 and 10, and a compromise decree was passed so far as they were concerned.