FURKAN Vs. MUMTAZ BEGAM

JUDGEMENT

(1.) THIS is a defendant's second appeal arising out of a suit for possession and perpetual injunction pertaining to agricultural land situated in village Uncha, Tehsil Nimbahera.

(2.) THE plaintiff -respondent Mst. Mumtaz Begam filed a suit out of which this appeal arises on 30 -6 -1969 alleging that the land in question belonged exclusively to her father Mehrab Khan, who died on 21 -3 -1957. It is alleged that Mehrab Khan had executed a will date 17 -6 -1943 with respect to the property in question as also the other property in her favour. A copy of the will has been produced, and marked Ex. P -1. The plaintiff's case is that after Mehrab Khan's death she took possession of the land in question but on 20 -6 -1957 the defendant -appellant Furkan took forcible possession of the same. Consequently she instituted the present suit in the Court of Sub -Divisional Officer, Nimbahera, for possession of the land and also for perpetual injunction restraining the defendant from interfering with her possession in future.

(3.) AFTER recording the evidence produced by the parties the sub -divisional Officer dismissed the plaintiff's suit. On appeal by the plaintiff the learned District Judge reversed the judgment and decree of the trial Court and passed a preliminary decree for partition of the suit land declaring that the plaintiff snail get 2/3rd share, and the respondent -defendant will get 1/3rd share on partition. He further directed that a Commissioner be appointed to carry out the partition. Aggrieved by the judgment and decree passed in the plaintiff's favour by the learned District Judge, Partapgarh the defendant has come in second appeal to this Court.