SATYA NARAIN SINGH AND OTHERS Vs. RAGHUBIR SINGH AND OTHERS

JUDGEMENT

(1.) This is a defendant's second appeal against the judgment and decree dated Nov. 22, 1963 passed by the Additional Collector (J) Varanasi, in a suit under Sec. 176 of the U.P.Z.A. and L.R. Act.

(2.) In this suit for division of holdings, the plaintiffs claimed for themselves 1/2 share in the suit land, and alleged that while defendants Nos. 1 and 2, Satnarain and Musai, respectively, had 3/16 share defendants Nos. 3-6 Jaideo, Jadunath alias Mulla, Raj Narain Singh and Chandrawati, respectively had 5/16 share.

(3.) The plaintiffs claim of 1/12 share for themselves was not contested by any of the defendants. However, defendant Nos. 1-2 claimed 1/4 share for themselves, while defendant Nos. 3-6 claimed ⅜ share for themselves. The trial court decreed the plaintiffs' suit prescribing 12 share for the plaintiffs, 1/8 for defendants Nos. 1-2 and ⅜ share for defendants Nos. 3-6.