Sabjan Bibi vs Asanulla Sheikh - 1926 Supreme(Cal) 79

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1926 Supreme(Cal) 79

MITTER, DUVAL
Sabjan Bibi – Appellant
Versus
Asanulla Sheikh – Respondent

JUDGMENT

Mitter, J. - This appeal has been preferred by the plaintiffs and is directed against an order of remand. Plaintiffs' case is that the defendants kept the plaintiffs out of possession of the lands in suit and the plaintiffs consequently had to bring a title suit for recovery of possession of the lands. In that suit plaintiffs got a declaration of title in respect of 10 annas 71/4 pies share. On appeal by the defendants the extent of the plaintiffs' share was reduced to 9 annas 10-23/28 pies and plaintiffs' decree for khas possession in respect of that share was confirmed in appeal by the decree, dated the 31st of May 1919. The plaintiffs asked the defendants to have the lands partitioned amicably and to give up possession of plaintiffs' share of the lands but the defendants refused to give up possession and have been exclusively possessing all the lands. It may be mentioned here that it does not appear that the plaintiff s made any attempt to execute the decree for recovery of joint possession through Court. They did not even obtain symbolical possession. The plaintiffs commenced the present suit to which this appeal relates for partition of the lands in suit by metes and b

Click Here to Read the rest of this document