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1954 Supreme(Pat) 55

NARAYAN, IMAM
Karoo Singh – Appellant
Versus
Ujagir Singh – Respondent


Judgment

Imam, J.

1. This is an appeal by the plaintiffs against the decision of the Additional Subordinate Judge, 4th Court, Gaya, whereby he decreed in part the plaintiffs suit for partition. He held that the properties standing in the name of defendant 7, Musammat Kausala Kuer, and properties standing in the name of defendant 1, Ujagir Singh, were not properties which could be the subject of partition as these properties belonged to Kausala Kuer and Ujagir Singh, respectively. A cross-objection has also been filed against the decision of the Subordinate Judge decreeing in part the plaintiffs suit for partition. The cross-objection, however, was not pressed before us by Mr. De, appearing for the respondents in the appeal. So far as the appeal by the plaintiffs is concerned, it is confined only with respect to the decision of the Subordinate Judge concerning the properties standing in the name of Musammat, Kausala Kuer, defendant 7 and Ujagir Singh, defendant 1. There was one other matter argued, namely, as to whether the order of the Subordinate Judge allowing maintenance to the extent of one-fourth share to defendant 7 was permissible and as to whether the same could be made a ch
















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