JOLFA BIBI Vs. AJALADDIN

JUDGEMENT

(1.) This appeal arises out of a suit for partition instituted by the plaintiff Jolfa Bibi to have her 3 as. 11-12/27 p. share in the lands of Schedule I and 10 as. 2 p. share in the lands of Schedule II of the plaint after partition by metes and bounds.

(2.) The plaintiff's case was that one Pela Gazi left 3 sons, Baksha Ali, Kamar Ali and Safar Ali, that Baksha Ali predeceased his two brothers, that defendants Nos. 1 to 8 are the descendants of Baksha Ali and Kamar Ali, that Safar Ali left a son Nijamat Ali, that Nijamat Ali died leaving a widow named Sabjan, a daughter (viz., the plaintiff) and a son who subsequently died leaving a widow, the defendant No. 9 and a daughter, the defendant No. 10, and that last of all Sabjan died. According to the plaintiff the lands of Schedule I were owned by Pela Gazi, and those of Schedule II belonged to Nijamat Ali. Defendants Nos. 11 to 26 are said to have purchased portions of the lands from some of the aforesaid defendants.

(3.) Of the defendants only Nos. 1, 9, 10,11, 12,13,16 and 18 filed written statements and the others did not appear in the suit. Of these again all gave up the contest except Nos. 1 and 18.