1. The plaintiff is the appellant in both the appeals. The plaintiffs suit for partition is for allotment of 9 annas 7 pies and 4 krants share of the land pertaining to plots Nos.813 and 815, khatas Nos.111 and 104 comprising in touzi No.389. The plaintiffs suit was decreed by the trial court to the extent of 5 annas, 4 pies only. As against these, two appeals were preferred. In Title Appeal No. 218 of 1959 the plaintiff claimed the balance share of 4 annas and odd while in Tide Appeal No. 229 of 1959 the defendants assailed the decree in favour of the plaintiff. The lower appellate court dismissed the appeal of the plaintiff and allowed that of the defendants, i.e., the suit was dismissed in its totality. Second Appeal No. 377 of 1964 by the plaintiff is to restore the trial courts decree and Second Appeal No. 558 of 1964 by the plaintiff is with respect to 4 annas and odd share refused concurrently by both the courts below. Both the appeals were disposed of by a common judgment.

2. Mr. Tara Kant Jha appearing on behalf of the appellants at the outset stated that he does not press Second Appeal No. 558 of 1964 by which both the courts below dismissed the suit with respect to 4 annas share. Second Appeal No. 558 of 1964 is thus dismissed as not being pressed. Second Appeal No. 377 of 1964.

3. The result of Second Appeal No. 377 of 1964 depends on the true and correct construction of a deed of Tamliknama (Exhibit 1), dated 18-3-1924, which is the document of title of the settlor of the plaintiff.

4. Facts : Entire interest in touzi No. 389, to which the suit land appertains, was owned by Md. Mehdi Hassan alias Badshah Nawab. On his death on 19th March, 1919, his properties vested in his two brothers, namely, Manjle Nawab and Chote Nawab and two sisters Mosst. Razia Begum and Wajihulnissa Begum. The brothers took 1/3rd each and the sisters to the extent of 1/6th share each. On 18-3-1924 Chote Nawab executed a deed of Tamliknama (Exhibit 1) in favour of his son Saiyad Md. Mehdi alias Mian. Manjle Nawab died issueless on 11th June, 1934, leaving his brother Chote Nawab as his sole surviving living heir. Chote Nawab died on 17-2-1935 leaving one son Mian and three daughters, namely, Mosst. Mahdetunnissa Begum, Mosst. Halimatun Nissa Begum and Mosst. Latifulnissa Begum. On such heritage Mian got 2/5th share and his sisters got 1/5th share each. In May 1937 there was exchange and partition between Mian and his two sisters for which a deed of exchange and partition dated 23rd May, 1937, was executed. In this deed Mian got 2/5th share of Halimatun Nissa Begum and Latifulnissa Begum and thus became proprietor in touzi No. 389 to the extent of 9 annas 7 pies and 4 krants which consisted of 5 annas 4 pies share which he got from his father by the deed of Tamliknama (Ext. 1) and 2/5th share which was on his heritage from his father and 2/5th share of Halimatun Nissa and Latifulnissa. Since in this appeal we are concerned with Mians 5 annas 4 pies share only obtained through Tamliknama (Ext.1), it is not necessary to deal with the case of his heritage of the rest 4 annas share and the cases of the parties in relation thereto.

5. The plaintiff claims to be a settlee from Mian of his share on 25th Jeth 1350 fasli (1933) with regard to survey plot No. 813 appertaining to khata No. 111 and survey plot No. 815 appertaining to khata No. 104 Mouza Dhakanpura measuring .68 decimal and .60 decimal respectively comprising an area of 1.28 acres (2 bighas, 1 katha and 18 dhurs). Seven written statements were filed, one by defendant No. 2, the second on behalf of defendants 1,3,4 and 5, the third on behalf of defendants Nos. 6 and 7, the fourth by defendant No. 8, the fifth on behalf of defendants 9 to 11, the sixth on behalf of defendant No.13 and the seventh on behalf of defendant No. 14. The suit has been contested only by defendants 6 and 7, being the sons of defendant No. 2 and defendants 9 to 11 and 13 and 14 as transferees from defendants