MAHADEO PRASAD SINGH Vs. RAM LOCHAN

JUDGEMENT

(1.) This appeal is directed against a judgment, dated May 4, 1970, of the High Court of Allahabad. It arises in these circumstances:

(2.) Matadin, however, died sometime in 1960. Thereafter, his sons Ram Lochan respondent 1, herein, instituted a suit on June 14, 1961 i. e. more than three years after the delivery of possession to the decree-holder-purchaser, Ram Naresh Singh, under Section 229B read with Section 209 of the U. P. Zamindari Abolition and Land Reforms Act in the Revenue Court against the present appellants, for a declaration that he is in possession of the suit land as Bhoomidar. In the alternative, he claimed the relief of possession on the same basis. He pleaded that his father, Ram Naresh. Singh (sic) (Matadin) was the original Bhoomidar and remained in possession of the suit land till his death and thereafter, the plaintiff as the heir of the deceased continued in possession as Bhoomidar. He further alleged that the sale in favour of Ram Naresh Singh was without jurisdiction and a nullity, as it had been made without the knowledge of or notice to his father.

(3.) The suit was resisted by the appellant, who is original defendant 1, and respondents 7 to 10, who are original defendants 2 to 5, inter alia-on the ground that the suit was barred as res judicata and also under Section 47 of the Code of Civil Procedure, and Article 181 of the Limitation Act. Defendants 2 to 5 further pleaded that they were bona fide purchasers for value and, therefore, their rights in the suit land were protected under Section 41 of the Transfer of Property Act. They also, alleged that they had made improvements on the suit land and were entitled to the benefit of Section 51 of the Transfer of Property Act.