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1996 Supreme(Pat) 202

S.N.MISHRA
Bibi Noor Jehan – Appellant
Versus
Bibi Noorun Nisah – Respondent


Judgment

Chy. S. N. Mishra, J.

1. The plaintiff is the appellant in this first appeal which arises out of the judgment and decree dated 13-6-1986. passed by the learned Addl. Subordinate Judge, darbhanga in Partition Suit No.103 of 1979. The plaintiff-appellant filed a suit for partition of her share in the property pertaining to Plot No.29085 and 29084 measuring an area of 3 dhurs in the land and house situated at Mohalla bakerganj in the town of Darbhanga fully described in Schedule IV of the plaint. The plaintiff had further prayed for decree of Rs.2560/- as arrears of rent against the defendant No.2 and a sum of Rs.1280 as arrears of rent against defendant No.3. It was further prayed that, in case, if it is found that the defendant No.1 has realised the plaintiff share and the rent claimed by the plaintiff from the defendant Nos.2 and 3 then a decree for realising the above amount be passed against the defendant No.1.

2. The case of the plaintiff in short is that Late Hafiz Md. Salim had purchased homestead land measuring 1 katha with the house through two registered sale deeds dated 17-8-1952 and 18-12-1952. The said Md. Salim had only one daughter Bibi Noorun nisa, Defendant N



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