Janki Bibi vs Fatteh Bahadur - 1870 Supreme(Cal) 132

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1870 Supreme(Cal) 132

Janki Bibi – Appellant
Versus
Fatteh Bahadur – Respondent

JUDGMENT

Glover, J. - The point for decision in this appeal is, can the purchaser of a share in an undivided lakhiraj estate sue his coparceners for a batwara of his own portion. The plaintiff bought a 5-anna, 7-ganda share of the estate from one of the owners, and seeks to have that share separated from those of the other share-holders, on the ground of disputes, between the parties, and losses and inconveniences in consequence of those disputes. The defendants deny the right of a share-holder in a lakhiraj estate to have his share divided off from the others, and contend generally that the plaintiff has no cause of action, The Subordinate Judge held that the plaintiff could have his share separated, and against this decision the defendants appeal.

2. I think we may dispose of the technical objections raised to the plaintiff's suit, without going minutely into the evidence as to the precise nature and extent of the inconveniences and losses detailed in the petition of plaint, inasmuch as if the question of right to a batwara be decided in the plaintiff's favor, the refusal of the defendants to allow the partition would of itself be a sufficient cause of action.

3. With regard to the

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