KHAIRAT KAJI Vs. MD. KAMRUDDIN ANSARI

JUDGEMENT

(1.) The Appellants are the Defendants, who have preferred appeal against the Judgment dtd. 8/10/1991 whereby and whereunder the judgment and decree dtd. 20/5/1978 passed in Title (P) Suit no 37 of 1976 has been affirmed in first appeal by the learned Court below.

(2.) The parties shall be referred by the placement in the suit and shall include their legal representative substituted from time to time. Plaintiffs filed the suit for a decree of partition and separate possession of the lands described in Schedules B and C of the plaint in accordance with their shares and also for a declaration that entries in the Record of Rights with regard to the share of the parties in respect of the plots in Schedules B and C of the plaint were wrong.

(3.) The Plaintiffs' suit in brief is that Jadu Mian was the common ancestor of parties. The Relationship between parties have been shown in the Genealogical Table at Schedule A of the plaint. Ancestors of the parties took settlement of several plots by jalsasan pataa and continued to possess the said plots in the month of Magh, 1262 B.S as Thikabands on payment of consolidated annual rent of Rs.15.00. The descendants of Jadu Mian had partitioned their lands except some puratan parti land and a tank and the original ancestral house before the cadastral survey operation. In accordance with the partition made between the parties during the last Cadastral survey, lands were recorded in different khatas bearing nos. 6, 7, 26, 25, 50, 36 and 4 of the said Mouza Bhitia, except the ejmal lands which were recorded in, khata Nos. 8 and 38 and being jointly possessed by all the co-sharers.