Judgement

BACHAWAT, J. : Shaik Ahmad Ali was the holder of a tenure recorded in Khewat No. 4, tauzi No. 3309, Mouza Babhnaul comprising an area of 83.82 acres under the Maharaja of Dumraon. He died in 1910 leaving as his heirs, his mother Waziran, his second wife Elahijan, three sons Amanat, Ashghar and Ashraf and two daughters born of Elahijan, and two sons Hamid and Mahmud and four daughters born of his first wife Nabiban. Though all the heirs of Shaik Ahmad ali were co-sharers of the tenure, the names of Hamid and Mahmud only were recorded as the tenure-holders in the record of rights published in 1911. The Maharaja 13 of 1915 against Hamid and Mahmud only and obtained a decree for rent. The other co-sharers of the tenure including Amanat were not parties to the suit. Amanat died in 1924. Before and after 1924 there were several litigations concerning the rights of the co-sharers in the tenure. Eventually, under a compromise, Najma the wife of Amanat got 2 annans 8 pies 10 krant share in the teneure. Subsequently the Maharaja of Dumraon put the decree in Rent Suit No. 13 of 1915 into execution, and Latafat, son of Ashgar by his first wife Safidan, purchased the tenure at the exec