Janbeg Shamasher Jamadar vs Rasul Balu Jamadar on 28 July, 2023
55. The eldest member Maktumsa, was the holder of
the office of Walikar and after his demise it was his eldest son
Madansa and thereafter Mohammadsa officiated the office of
Walikar. This decision was also referred to by the co-ordinate
Bench of this Court in Imamsa (supra). The Division Bench of
this Court considered the issue framed by the Trial Court as to
whether the plaintiffs prove that they are entitled to partition
and possession of 2/3rd share in the suit properties held that in
spite of re-grant of the land in favour of the eldest member of
the branch, the junior members would become co-owners as
each one of them became entitled to a share in the suit lands.