ABU JAFAR Vs. SYED MOHAMMAD KAZIM

JUDGEMENT

(1.) The facts of the case are given in the judgment of the learned single Judge of this Court against whose judgment this appeal is.

(2.) It appears that there was once a single proprietor Mohammad Husain of khewat No. 29 which consisted of an area of 14 bighas and 10 biswas. Mohammad Husain held 12 bighas and 1 biswa, as his sir land. In course of time Mohammad Husain's property devolved on his heirs and some of the heirs transferred their shares. The appellant before us, Syed Abu Jafar, is one of the heirs of Mohammad Husain while the respondent Syed Mohammad Kazim is the purchaser of the shares of the remaining co-sharers. Some time ago there were three co-owners in khewat No. 29, viz. Abu Jafar, owning 2/16th, Mt. Muti Fatma owning 1/16 and Mohammad Kazim owning 13/16 share of the khewat.

(3.) When Mohammad Kazim purchased the shares of the co-sharers owning 13/16 share, the vendors relinquished their right as exproprietary tenants in favour of Mohammad Kazim. Mohammad Kazim went before the revenue Court and asked that his name should be recorded in respect of 13/l6 share of the sir lands. As already stated the major portion of the area of the khewat consisted of sir lands. To the misfortune of Mohammad Kazim, the highest revenue Court took the view that as the vendors of Mohammad Kazim had relinquished their exproprietary rights in the sir lands, Abu Jafar became the sir-holder of the entire area. This view was undoubtedly wrong and is wrong for the following reasons.