SHEODHARI RAI Vs. SURAJ PRASAD SINGH

JUDGEMENT

(1.) THIS is an appeal by the defendants first party against the judgment and decree of the High court of Patna (Manohar Lall and Ray JJ.) dated 23/2/1948. which reversed the decree of the Subordinate Judge at Chapra, dated 5/4/1945, and decreed the suit in favour of the plaintiffs.

(2.) THE suit out of which the present appeal has arisen was instituted by the plaintiffs for a declaration of their title to, and confirmation of their possession of, certain lands and other ancillary reliefs. THE plaintiffs claimed to have derived their title to the lands in suit by purchase from the defendants second party by and under a registered deed of sale dated 19-7-1942. THE relationship of the defendants second party was shown in a pedigree-table annexed to the plaint and reproduced below: <IMG>JUDGEMENT_758_AIR(SC)_1954Image1.jpg</IMG> Janki Rai and Sharda Rai apparently left no issue.

(3.) THE result, therefore, is that we dismiss this appeal with costs.