TRADESH AND MINERS, LTD Vs. DHIRENDRA NATH BANERJEE

JUDGEMENT

(1.) These four appeals arise out of a partition suit instituted on 22nd December 1937 in the Court of the Additional Subordinate Judge at Hazaribagh. The three first appeals are from the preliminary decree, Appeal No. 112 being by defendant 4, No. 119 by defendants 7, 13, 14 and 16 and No. 132 by defendant l. The miscellaneous appeal is by (the plaintiff and is directed against an order passed after the preliminary decree allowing the application of a subsequent lessee from the plaintiff to be added as a co-plaintiff. The properties sought to be partitioned are 33 villages which are described in Schedule A attached to the plaint. The plaintiff claims partition of his 3 annas 3 pies share in the first 32 villages and four annas share in the 33 village named Ramdih.

(2.) To trace the title of the plaintiff to these shares, it will be necessary to refer to the following genealogy: Admittedly 13 annas share in the first 32 villages and the entire village Ramdih belonged to Mt. Lalo Kuer and, after her death, devolved on her four grandsons in equal shares, her son Todal Narain having predeceased her. Thus, each of the sons of Todal Narain had 3 annas 3 pies share in the first 32 villages and four annas in village Ramdih. All these 33 villages of which the first is Musnodih are comprised in Mahal Gadi Musnodih bearing tauzi No. 32. Gadi Musnodih also consists of another village Bansberia, but admittedly Mt. Lalo Kuer or her son or grandsons had no interest in this village. In 1908 Baij Nath mortgaged, among other properties, 3 annas 3 pies out of 16 annas milkiat interest in village Gadi Musnodih together with the tolas of the said Gadi, original with dependencies; four annas milkiat interest in village Ramdih appertaining to Gaddi Musnodih, original with dependencies, to one Bodh Narain for Rs. 4000. After Bodh Narain's death his sons, Harballabh Narain and two others, and his grandsons obtained a mortgage decree in 1932 on the basis of that mortgage, and in execution of that decree they purchased the mortgaged properties on 14 August 1935.

(3.) By a sale deed dated 17 February 1937 they conveyed to the plaintiff. 3 annas 3 pies proprietary interest out of 16 annas in Gadi Musnodih including the tolas appertaining to the same, original with dependencies, and "four annas proprietary interest in mauza Ramdih appertaining to Gadi Musnodih, original with dependencies, together with another property, for a consideration of Rs. 18,000. It is by virtue of this sale deed that the plaintiff claims 3 annas 3 pies in the first 32 villages and four annas in village Ramdih, described in the schedule to the plaint. The plaintiff's case is that 3 annas 3 pies share in the first 32 villages is comprised in 3 annas 3 pies share in Mahal Gadi Musnodih. Admittedly there are mica a mines in some, if not all, of the said villages. The dispute between the parties mainly relates to the mining areas.