OLI SHA Vs. FARID SARDAR AND NILA SHAH

JUDGEMENT

(1.) It is common ground between the parties to this suit that three persons Nidhi, Suba and Hakim, who were related in some degree to each other, joined in purchasing in the year 1231 certain land, including the land in dispute. The plaintiffs, the respondents before us, are the representatives of Suba and Hakim. The representatives of Nidhi are described by the District Judge as pro forma defendants, but it appears from the judgment of the Munsif that they, as well as the tenant defendants, contested the suit.

(2.) The plaintiffs brought the suit for a declaration that they were entitled between them as heirs of Suba and Hakim to a two-thirds share of the disputed land and for khas possession to the extent of the share claimed. The defendants alleged that the land purchased in 1281 had long ago been partitioned and that the disputed land had fallen to Nidhi s share.

(3.) The suit was dismissed by the learned Munsif whose decree, however, was reversed by the learned District Judge on appeal. The respondent tenants claim under a settlement or under-settlements from Nidhi, and both the Courts have found that the lands originally purchased had been partitioned before these respondents were settled upon it and certainly long before 1307, the date to which the plaintiffs ascribed the lease of the kha land. Having come to that finding in agreement with the learned Munsif, the learned District Judge states the questions for decision as follows:---