Apr - High Court of Judicature at Allahabad

1 All] Gopal Singh Visharad V. Jahoor Ahmad and others 399
we have already given above while
discussing similar objections in respect to
Suit-1.
81. Now we shall deal with
collectively the objections contained in
paras 5, 7 and 8 of Application No. 24 (O)
of 2010 and the objections raised by Sri
H.S. Jain pressing Application No. 20 of
2010.
82. What ought to be the contents of
decree we have already discussed. The
judgement cited by learned counsel Sri
Jain does not lay down any law contrary to
what we have already said. In S. Satnam
Singh (supra), in para 15 of the judgment,
the Apex Court has said:
"15. For determining the question as
to whether an order passed by a court is a
decree or not, it must satisfy the following
tests:
"(i) There must be an adjudication;
(ii) Such adjudication must have been
given in a suit;
(iii) It must have determined the
rights of the parties with regard to all or
any of the matters in controversy in the
suit;
(iv) Such determination must be of a
conclusive nature; and
`(v) There must be a formal
expression of such adjudication."
83. In the subsequent paragraphs of
judgment it has discussed the nature of
preliminary decree and final decree, the
exposition of law whereof admits no
exception.
84. We shall now consider what
constitute formal expression of
adjudication conclusively determining
rights of parties with regard to all or any of
the matters in controversy in suit, so far as
Suit-5 is concerned.
85. Hon'ble S.U. Khan, J. has
discussed Issue No. 30, Suit-5 on pages
262 to 276 (pages 109 to 114, Vol. 1 of the
report). On pages 275-276 (pages 113/114,
Vol. 1 of the report) S.U. Khan, J. has said:
"Accordingly, in view of the VIIth
finding (Supra) all the three parties
(Muslims, Hindus and Nirmohi Akhara)
are entitled to a declaration of joint title
and possession to the extent of one third
each and a preliminary decree to that
effect is to be passed.
In the matter of actual partition it is
only desirable but not necessary to allot
that part of property to a party which was
in his exclusive use and occupation.
Accordingly, in view of peculiar facts and
circumstances it is held that in actual
partition, the portion where the idol is
presently kept in the makeshift temple will
be allotted to the Hindus and Nirmohi
Akhara will be allotted land including Ram
Chabutra and Sita Rasoi as shown in the
map, plan I. However, to adjust all the
three parties at the time of actual partition
slight variation in share of any party may
be made to be compensated by allotting the
adjoining land acquired by the Central
Government."
86. Then the gist of findings have
been given on pages 280-283 (115/116,
Vol. 1 of the report) which is the summary
of findings based whereon the order has
been made by S.U. Khan, J. on pages 284-