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RICHARD GARTH, MCDONELL
Parbath Chund Deb – Appellant
Versus
Ain-ud-Deen – Respondent
JUDGMENT
Richard Garth, C.J. - The plaintiff sued for a partition, and the facts are these: Monwar Ali is the owner of an undivided twelve annas share in a mouza, and Ali Kasim and others are entitled to the remaining four annas. The defendants have obtained a patni of the four annas share, and the plaintiff has obtained from Monwar Ali a mokurari of a small portion of the twelve annas share. Under this mokurari, he has an undivided twelve annas share in a small area of a mouza. The entire mouza held in joint possession consists of upwards of 100 droues of land; and the portion in which the plaintiff has a twelve-anna share is less than two drones. Under there circumstances, the plaintiff sues the defendants for a partition,-that is to say, he prays to have the small area in which he has a twelve-anna share divided as between him and the four annas patnidar, Neither of the zemindars is made a party to the suit; and the defendants object that, in point of law, the plaintiff is not entitled to the partition.
2. Both the lower Courts have dismissed the plaintiff's suit. The Munsif has dismissed it upon the ground, that the lessee of twelve annas of part of the joint estate has no right
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