Abu Jafar vs Syed Mohammad Kazim - 1930 Supreme(All) 22

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1930 Supreme(All) 22

MUKERJI
Abu Jafar – Appellant
Versus
Syed Mohammad Kazim – Respondent

JUDGMENT

Mukerji, J. - The facts of the case are given in the judgment of the learned single Judge of this Court against whose judgment this appeal is.

2. It appears that there was once a single proprietor Mohammad Husain of khewat No. 29 which consisted of an area of 14 bighas and 10 biswas. Mohammad Husain held 12 bighas and 1 biswa, as his sir land. In course of time Mohammad Husain's property devolved on his heirs and some of the heirs transferred their shares. The appellant before us, Syed Abu Jafar, is one of the heirs of Mohammad Husain while the respondent Syed Mohammad Kazim is the purchaser of the shares of the remaining co-sharers. Some time ago there were three co-owners in khewat No. 29, viz. Abu Jafar, owning 2/16th, Mt. Muti Fatma owning 1/16th and Mohammad Kazim owning 13/16th share of the khewat.

3. When Mohammad Kazim purchased the shares of the co-sharers owning 13/16th share, the vendors relinquished their right as exproprietary tenants in favour of Mohammad Kazim. Mohammad Kazim went before the revenue Court and asked that his name should be recorded in respect of 13/l6th share of the sir lands. As already stated the major portion of the area of the khewat consist

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