ABDUL KADER KHAN Vs. BASEK KHAN

JUDGEMENT

(1.) This appeal by special leave, at the instance of defendant No.2 and the heirs defendant No. 1, has arisen out of a suit for partition.

(2.) The admitted case of the parties is that the suit holding, C.S. Khatian No. 184 of Mouza Alukdia of Bagerhat, was recorded in the names of five persons Babu Khan had 8 annas share; Miajan Khan and Alimuddin Khan had 3 annas and odd each; and Baru Bibi and Chutu Bibi had 1 anna and odd each. The holding was put to sale for arrears of rent in 1938. It was purchased by eight persons-three sons of Babu Khan, four sons of Miajan Khan and one son of Akimuddin.

(3.) The plaintiffs, the heirs on Miajan Khan, filed Title Suit No. 310 of 1964 in the Court of Munsif, Second Court, and Bagerhat and claimed 8 annas share in the suit property.