MANU URAON Vs. ABRAHAM URAON

JUDGEMENT

(1.) The defendants-appellants, and the plaintiffs are the sons of Madra Uraon, plaintiffs being the sons by the second wife and the defendants being the sons by the first wife. The dispute relates to cadastral survey khata No. 66 which is equivalent to revisional survey khata No. 2. In the cadastral survey this khata stood recorded in the name of Madra Uraon.

(2.) The case of the plaintiffs was that their father partitioned his properties during his lifetime and allotted cadastral survey khata No. 67 to the defendants and retained for his own maintenance cadastral survey khata No. 66. In the revisional survey khata No. 2 was recorded in the joint names of the plaintiffs and the defendants.

(3.) The first Court held that although cadastral survey khata No. 67 may have been allotted to the defendants for the purpose of cultivation, there had been no partition by Madra Uraon in his life-time. The plaintiffs suit was accordingly dismissed.