FAQIRA Vs. HARDEWA

JUDGEMENT

(1.) A question has arisen in the course of the hearing of this appeal as to whether the whole appeal abates or only a part.

(2.) The facts, which it would be necessary to consider in connexion with this point, are briefly as follows: The appellants, with two others instituted a suit for declaration of title. Their case was that in the khewat their proper share was 60 out of an entire quantity of 146 shares, the shares of defendants 1 to 3 was 79 out of the same quantity; and of defendants 4 to 8 seven out of the same quantity. According to the khewat the entire share was divided into 89 portions and the plaintiffs were recorded in respect of 3, defendants 1 to 3 in respect of 79 and the remaining defendants 4 to 8 with respect to 7 shares. The plaintiffs sought, as already stated, a declaration of title with the ultimate object of applying to the revenue Court for correction of the khewat.

(3.) The suit was resisted by defendants 1 to 3 alone and they maintained, inter alia, that the khewat was correct. Defendants 4 to 8 did not contest the suit.