FAKIRE Vs. TAJUDDIN

JUDGEMENT

(1.) The dispute in this case centers round a parti plot of land in a village in which the plaintiff is admittedly one of the co-sharers. Defendant No. 2 and the wife of Defendant No. 3 transferred the plot in dispute along with their house to Defendant No. 1. The plaintiff's case was that he was in exclusive possession of the plot in dispute and being the zemindar was entitled to a decree for possession of the same as against Defendant No. 1 who had no title to retrain possession of that plot.

(2.) The defence of Defendant No. 1 was that the plot in dispute was the sahan of the house transferred to him. This defence has been overruled by both the Courts below and I am no longer concerned with it in second appeal.

(3.) The defendant also contested the plaintiff's right to the relief prayed for by him on the ground that he "the defendant) himself was a zemindar in the village though his share is recorded for certain reasons in the name of his son. On the question whether or not the contesting defendant was one of the co-sharers in the village no is issue was framed by the trial Court, with the result that there is no express finding by the Court on that point. The lower appellate Court has observed in the course of its judgment that "the vendee cannot resist the claim on the ground that he or his sons are zemindars in the village," That Court has also not recorded any finding on the question whether the defendant is or is not one of the co-sharers.