MOST. TARA DEVI Vs. SURJI MANDALAIN

JUDGEMENT

(1.) The instant appeal is against the order of remand passed by the learned first appellate court.

(2.) Plaintiff's suit for partition of his 5/ 6th share in Schedules-A, B and C property was decreed by the learned trial court.

(3.) Both the plaintiff and defendants preferred Title (Partition) Appeal No. 23/2007 and Title (Partition) Appeal No. 24/2007. The plaintiff was aggrieved by apportionment of share as half in the schedule property, whereas the defendants, who are appellants in Title (Partition) Appeal No. 24/2007, were aggrieved as they claimed 1/ 6th share in the suit property and further the plaintiff had no share in the said property which exclusively belongs to Ludhu Mandal and presently to defendant nos. 1 and 2.