SHEOJI SINGH Vs. BRIJBANSH SINGH

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 20.5.1999 passed by 5th Subordinate Judge, Bhabua in Title Suit No. 100/31 of 1997 -98, appointing plaintiff -respondent no.1 as the receiver with respect to Schedule -2 lands of the plaint.

(2.) THE plaintiff -respondent nos. 1 to 6 filed Title suit No.100 of 1997 seeking a decree for partition of Schedule -1 properties. Schedule 2 and 3 are said to be with in Schedule -1 properties having Chak plots. It is the admitted position that one Ahmad Hussain died leaving behind his widow, Bibi Mariyani Mian, three sons Wakuloddin, Hakimuddin, Mohiuddin and two daughters, Samsu Nisa and Rabia Khatoon. The properties as per the shares of the heirs had not been partitioned by metes and bounds, although as per convenience, heirs were possessing lands over the property. Bibi Mariyani executed two sale deeds on 21.5.1963 in favour of Kashi Nath Singh, father of the defendant appellant and the amount of consideration was towards the redeeming amount of the Rehan deed executed earlier. Title Suit No.82 of 1952 was filed by Hakimuddin in the court of 1st Munsif at Sasaram challenging the Rehan deeds and Patta executed by Bibi Mariyani. In the said suit, it was ultimately decided that the Rehan deed and Patta were valid only to the extent of the share of Bibi Mariyani. The daughters of Ahmad Hussain had sold their shares of Hakimuddin who in turn sold the same to one Tapeshwar Singh and thereafter Mohiuddin sold his share to the plaintiffs Wakiluddin who sold his share to Kesho Singh and Tatkalo Devi.

(3.) IN that view of the matter, the impugned order is hereby set aside and the learned Sub -Judge is hereby asked to dispose of the title suit within the time frame of three months ' from the date of production of a copy of this order by either of the parties or communication to the court below.