UDWANT SINGH Vs. TOKHAN SINGH
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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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