Decided on February 26,1901

Udwant Singh Appellant
Tokhan Singh Respondents


LORD HOBHOUSE, J. - (1.) THE appellants, who were plaintiffs below, sued the defendants, now respondents, for their shares of a joint family estate; and they obtained a decree on the 25th March 1889. The property sued for was described in schedules attached to the plaint. Schedule A specified every parcel of land by serial numbers and where necessary by quantities, and Schedules I, II, III, contained the same parcels, also specified by numbers and quantities, but classified according to date of acquisition by the family. The decree declared the plaintiffs' right to a share of the properties mentioned in Schedules I, II and III with the exception of some properties, not now in dispute; and it ordered that the plaintiffs should be put into possession.
(2.) THE defendants appealed, and the High Court passed judgment on the 2nd June 1891. After varying the decree of the First Court in some particulars, which will be presently examined, the High Court ordered that, save and except as aforesaid, the said decree should be affirmed. Upon this decree of the High Court proceedings were taken in execution, in the course of which questions have been raised as to certain parcels of land, which are the subject of this appeal. Part I of Schedule A is headed "Schedule of properties such as milkiats (proprietary) and mokurruri interests and houses and kasht (occupancy rights)." No. 519 is described as "kasht lands in mouza Ramchunderpore." Its area is stated as 967 biggahs, 5 cottas, and it corresponds in description and measurement with two parcels entered in Schedules I and II under the Nos. 24 and 117 respectively. Schedule I, Part II, is headed "List of properties of the kasht (jote) class acquired, &c."; and the area of kasht-jote land in mouza Ramchunderpore is stated under No. 24 at 755 biggahs 10 cottahs. Schedule II, Part II, is headed " kasht lands and purchased ryoti occupancy rights " and the area of kasht lands in Ramchunderpore is stated under No. 117 at 211 biggahs 15 cottahs. The plots, which make up the areas, are also described in all three schedules by their boundaries and by the names of persons in some way connected with them.
(3.) IN those schedules therefore is shown twice over, according to different classifications, the exact description, measurement and boundaries of the kasht or jote (the words appear to be synonymous) lands sued for in mouza Ramchunderpore. The mouza itself was also claimed in the suit; and it appeals as a separate subject of claim, described as such without any measurement or boundaries in Schedule I, Part I, No. 6; Schedule II, Part I, No. 31; Schedule III, Part I, No. 289 and in Schedule A, No. 597 and other numbers.;

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