S.M. KALIM Vs. S.M. SARFUDIN

JUDGEMENT

(1.) This First Appeal has been filed under section 96 of the Code of Civil Procedure, 1908 ( in short "C.P.C.") against the judgment and decree dated 30th September 1983 passed in Title Suit No.134 of 1980 by the learned sub-ordinate Judge, Biharsharif, Nalanda.

(2.) The plaintiff-original respondent No.1 herein, S.M. Sarfuddin, who is now dead and has been substituted by his heirs and legal representatives, namely, respondent Nos. 1(i) to 1(vii), brought the aforesaid suit for partition claiming his share to the extent of 40 paise from the suit properties, fully detailed in the plaint. However, in view of the averments made in the Written Statement filed on behalf of the defendants, the plaint was amended and the plaintiff- original respondent No.1 herein, made a further prayer for a declaration that the sale deed dated 6.12 1923 allegedly executed by Sk. Md. Umar in fvour of Sk. Md. Aziz is a forged and fabricated document.

(3.) Finally, on contest, by the impugned judgment and decree passed by the learned trial court, the suit was decreed in part with costs. The plaintiff-original respondent No.1 herein was held to be entitled to have share in the suit properties to the extent of 20 paise only.