MOHD.QUASHIM Vs. NOOR MOHAMMAD

JUDGEMENT

(1.) THIS second appeal, at the instance of the appellant, is directed against the judgment dated 11.4.1989 and decree dated 25.4.1989 passed in Title Appeal No. 68/15 of 83/88, whereby and whereunder the learned 7th Additional District Judge, Dhanbad was pleased to dismiss the appeal and confirmed the judgment and decree of the learned lower Court passed in title Sit No. 37/81.

(2.) THE plaintiffs -respondents filed a title suit being suit No. 37/81 for partition and claiming 1/4 share each for the plaintiffs and the defendant in the land and house property measuring 12 1/2 katha situates at Mauja Bhandaridih, PS Baghmara District Dhanbad over the plot No. 1 within khata No.

(3.) ON the other hand, learned Counsel appearing for the respondents submitted that this is a. case of concurrent findings and both the Courts below have passed judgment in favour of the respondents and have held that parties were joint and there is a discussion of defendant No. 2, who is one of the parties to the suit or appeal, so when this defendant No. 2 admitted that parties are joint then further discussion of evidence of witnesses is not required and further that in a case of concurrent finding of fact, however, erroneous finding may be that cannot be interfered with in the second appeal and this is not a law point involved in the matter and, therefore, this appeal should be dismissed.