JANAK RAI Vs. BAHURIA LAI MUNA DEVI

JUDGEMENT

(1.) This is an appeal by the defendant Nos. 5 and 6 from the Final decree in Partition Suit No 37/14 of 1964/ 1967. The plaintiff-respondent Nos. 1 and 2 filed the aforesaid suit to declare the registered sale-deed dated 12-6-1963 in favour of defendant No. 1 and defendant No. 2 as void, illegal and inoperative and also to declare that the plaintiffs were entitled to l/5th share in the properties described in Schedule 1 and 2 of the plaint.

(2.) The suit was decreed in terms of the relief claimed for the plaint. It may be mentioned that the present appellants had conceded to the claim of the plaintiffs. The other defendants set up different pleas which are not necessary to be recorded in this judgment,

(3.) Preliminary decree was prepared on 20-9-1967. thereafter, the Pleader Commissioner was appointed for Takhtabandi some time in the year 1971. On 19-8-1971 the plaintiffs filed an application for amendment of the decree and to include seven plots of different khatas, total area of which.comes to 1 bigha 1 dhur. According to the appellants, the lands which were later included in the amendment petition stood in the name of Bujharat. As these plots were not mentioned in the plaint there was no adjudication with regard to the defence of the appellants. It appears that the order dated 23-8-1971 amendment petition was allowed and the decree was accordingly amended and seven plots which were not originally included in the decree were included in the amended decree.