MD ISLAM KHALIFA Vs. MUSTAKEEM KHALIPHA

JUDGEMENT

(1.) THIS appeal has been filed by the plaintiff appellants against the judgment dated 16.1.1993 and the final decree signed on 20.9.1995 passed by the learned Sub Judge I, Lohardaga in connection with Partition Suit No. 18 of 1989.

(2.) IN course of arguments, learned counsel has submitted that the appellants are satisfied with the preliminary decree and shares allotted to them from the Schedule B property. It is pointed out that the plaintiff/ appellants shall get 2/7th share from half of the suit property mentioned in Schedule B to the plaint according to the judgment and preliminary decree. The learned counsel has confined his arguments to the extent of the report submitted by the pleader commissioner and submitted that it is an incorrect report and therefore the final decree prepared on the basis of such report is also incorrect and hence liable to be set aside.

(3.) IN support of his contention, learned counsel has drawn my attention to issue no. 7 which has been discussed in para 14 of the judgment and submitted that the land appertaining to plot no 85, area 1.05 acres in mouza Nadia had already been sold by legal heirs of Sattar and the sale deed has been marked as Ext. 3.