Roshilaa Devi and the land covered by land acquisition case was
excluded. The suit is also bad for partial partition since the land of
khata ... area of the suit land and khata plot of the suit land. Thus, he has
no knowledge about the suit land
tauzi; that the lands given in the schedules to the plaint are bakasht lands and liable to partition and that the plaintiff is entitled ... trial Court according partition is affirmed. The Court below will now appoint a Commissioner for effecting partition of the lands according to the shares, following
mortgagee of the lands were subsequently purchased by the family
and these lands were also part of the partition effected in 1922. Certain
lands mentioned ... they had
300 bighas of land. His branch of the family got 51 bighas of land after
partition and Jasik got half of that land
plaintiffs had not included certain ijmali lands in the suit land. Therefore, the suit was bad for partial partition. It was also stated that ... plaint, after excluding those lands, but including other lands, held by defendants 5 to 10, the plaintiffs have claimed partition only of 1 katha
lands held in common, nor can he create by letting the lands to cultivators as his tenants any right of occupancy of the lands ... land is transferred to a person jointly interested in the land as proprietor or permanent tenure holder, he shall be entitled to hold the land
Therefore, the lands which were once upon a time the proprietors' private lands are no longer available for partition. In that view ... created under the Land Reforms Act , So far the proprietors' private lands are concerned, the argument was that such lands can still be partitioned
land, generate problems
and cause unnecessary harassment to
bonafide allotees/settlees, raiyats or
occupants;
WHEREAS, such disputes with respect
to raiyati land or public land ... land under any Act contained in
schedule I of the Act or owner of any raiyati
land may be dispossessed of his land, the
Competent
Suit No.663 of 1955 against
Jashwantpati and others for partition of homestead land of village
Ratanmai wherein it was alleged by him that Dalanpati ... paragraph 11 clearly stated that there had already
been partition of the lands of Lily and Basantpore about 17 years ago
and at paragraph
three kinds of land, (a) kamat lands in the private and exclusive cultivation of the proprietors, (b) vial, lands or lands in the possession ... three co-sharers had each his kamat land in his patti, and he defines kamat lands as lands cultivated with the malik's plough
prepared to partition; hence the suit by the plaintiffs for partition of half share of the suit lands by metes and bounds.
6. Defendants ... defendants, there could not have been Partition Suit No. 313 of 1944 for partition of the suit lands; nor could there have been a compromise
