Niau vs Kunwar Sen - 1965 Supreme(All) 420

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1965 Supreme(All) 420

H. C. P. TRIPATHI
Niau – Appellant
Versus
Kunwar Sen – Respondent

Advocates appeared:
P.M. Verma, Advocate, for the Defendant-Appellant; Shankar Sahai Verma, Advocate, for the Defendant-Respondents

JUDGMENT

H.C.P. Tripathi, J. - This is a defendants appeal.

2. A suit was instituted by the plaintiff-respondent for partition of a holding on the assertion that one Chhotey and defendant No. 1 were the co-sirdars of the agricultural holding, that Chhotey deposited ten times of the rent in State Treasury on 16-1-54 and became Bhumidar of his share which he transferred along with the standing crops in favour of the plaintiff by a registered sale deed and that the plaintiff stepped into his shoes and became entitled to one half share of the holding and the crops standing thereon. On the allegation that the defendant No. 1 had cut and appropriated the entire crop the plaintiff claimed a sum of Rs. 510/- as damages from him. The defendant admitted that he and Chhotey had half share each in the disputed holding but contested the plaintiffs claim for partition on various grounds one of which was that the suit was bad for non-joinder of Chhotey who was a necessary party to the suit.

3. The trial court framed the necessary issues and held that the crop in dispute was produced by the defendant, that no crop was transferred by Chhotey in favour of the plaintiff, that the sale of the plots was

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