KEDAR NATH Vs. JAGANNATH SINGH

JUDGEMENT

(1.) The facts out of which this appeal arises are as follows:

(2.) In 1913 the plaintiffs were recorded as co-sharers of 1 biswa, 3 biswansis odd. Jagan Nath and others, the pro forma defendants, were recorded as co-sharers of 18 biswansis odd. Partition proceedings were instituted in 1913 at the instance of another co-sharer, but the plaintiffs and Jagan Nath both applied to have their shares made into separate pattis. It is not now disputed that in drawing up the partition proceeding a mistake was made and that the share of the plaintiff was wrongly diminished by six biswansis which were added to the share of Jagan Nath. The partition was confirmed in 1914, and a new Khewat prepared in accordance with it. The pro froma defendants have since sold their share to the defendants appellants, including the six biswansis wrongly added to it. The present suit was brought by the plaintiffs in 1921, after the defendants appellants had obtained mutation, on the allegation that owing to a fraud committed by the patwari and Jagan Nath and others, the fard taqsim had been wrongly drawn up. The plaintiffs bad not discovered the mistake till the mutation proceedings were begun.

(3.) Both the Courts have found that there was no fraud. The partition proceeding in which the mistake occurred, was signed by all the co-sharers including the present plaintiffs.