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1972 Supreme(Ori) 3

A.MISRA
PAPU KHAN – Appellant
Versus
FATIMA BABI – Respondent


Advocates Appeared:
G.G.DAS, S.C.GHOSH

A. MISRA, J.

( 1 ) THIS revision has been filed by defendant No. 1 in a partition suit against an order allowing amendment of the final decree.

( 2 ) THE preliminary decree in a partition suit registered as T. S. No. 29 of 1951 filed by opposite party Nos. 1 to 9 against the present petitioner and others was passed on 29-8-1953 determining the shares of the respective parties. In T. A. No. 160 of 1953, the judgment and decree of the trial Court were confirmed on 25-1-1957. According to the preliminary decree, the share of defendant No. 1 in the Kha schedule land was determined as 62/288. He, however, was to be allotted Rs. / 12/- share in the landlord's interest described in the Ga Schedule which was also included in the Kha Schedule. In the final decree proceeding, a Commissioner was appointed to divide the properties according to the shares determined in the preliminary decree. The Commissioner submitted his report erroneously allotting rs.-/12/- interest in the Kha Schedule land to the defendant No. 1. As no objection was filed, the Commissioner's report was accepted and Court passed the final decree on 2-11-1968 in terms of the allotments made by the Commissioner. Plaintiff N








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