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1988 Supreme(Pat) 324

RAM NANDAN PRASAD
Mobarak Khan – Appellant
Versus
Ashiman Khatoon – Respondent


Advocates:
Advocate Appeared:
For the appellant: Mr. N.K. Pd. & Mr. M. Sahu.
For the Respondent: Mr. A.N. Deo & Mr. M.K. Habib.

JUDGMENT

RAM NANDAN PRASAD, J

1. This appeal arises out a suit for partition. The appellant Mobarak Hussain Khan was one of the defendants. The parties to the suit are the decendants of the Chhedi Khan. Happily, there is no dispute regarding the relationship of the parties and also as regards the sequence of death of some of the decendents of Chhedi Khan. There was, however, dispute regarding the quantum of share of the parties in the ancestral property and this led to the filing if the suit. The appellant's case is that the shares allotted by the trial court are not in accordance with law. Hence this appeal.

2. The relationship between the parties is indicated by the following genealogical table:-

"The admitted case of the parties is that during the time of the survey and settlement operations Imam Khan and Kallu Khan, the two sons of Chhedi Khan, jointly acquired land in village Konara under Khata No.66, P.S. Barhi, District Hazaribagh; the details of the these land are given in Schedule-"A" of the plaint. The acquisitions were in the names of the sons of Imam Khan and Kallu Khan i.e. Alam Khan Daulat Khan and Suleman Khan one share and Ismail and Sharif one Share. All these record





















































































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