BHAGWAT SAHAI Vs. BIPIN BEHARI MITTER

JUDGEMENT

(1.) This is an appeal from the judgment and decree of the High Court of Calcutta, dated the 5 May 1905, which reversed those of the Subordinate Judge of Gaya, dated the 4 February 1904.

(2.) The sole question for decision on the appeal is whether the appellants are entitled to partition of certain properties as against the opposing respondents.

(3.) In order to dispose of this question, it is sufficient to deal very broadly with the facts. It is enough to say that the appellants are proprietors of a mokarari interest in the properties in question, the opposing respondents being owners of a fractional share in the zemindari interest in the same properties.