Das Gupta, J. - (1.) The question for decision in this appeal is whether the purchaser in a revenue sale of a residuary share of a touzi is entitled to have on a partition of the touzi allotments even in those lands for which separate accounts under section 11 of Act XI of 1859 have been recorded.
(2.) The Plaintiff is a purchaser at revenue sale of the residuary share in the Touzi No. 65 of the Howrah Collectorate, the residuary share being 1 anna 5 gandas odd share. There have been a number of separate accounts opened from time to time, some under section 11 and some under section 10 of Act XI of 1859. The Plaintiff, in the suit for partition out of which the appeal has arisen, has claimed that he acquired an undivided 1 anna 5 gandas odd share in respect of every bit of land comprising the touzi and was not bound by the fact that other co-sharers were in exclusive possession of specific plots of land in the touzi.
(3.) The contesting Defendants contended that as the owners of separate accounts opened under section 11 of the Revenue Sales Act they were entitled to continue to hold their lauds without those being put in the melting pot for the purpose of partition. It appears that they brought in also a case of previous partition.;