SHAMBHU PRASAD SINGH Vs. PHOOL KUMARI

JUDGEMENT

(1.) TWO questions arise in this appeal. The first is whether the transaction evidenced by Ex. 1, dated 20/03/1915 was a family arrangement so as to confer on the appellant and his father, Nanhku Prasad, since deceased, title to a half share in the house in dispute. The second is that even if it was so, whether such title became extinguished as a result of adverse possession for the statutory period by Baijnath, the deceased husband of respondent 1.

(2.) THE parties are near relations. THE following genealogy explains the relationship amongst them: <IMG>JUDGEMENT_28_2_1971Image1.jpg</IMG>

(3.) IN inspect of the first question, the parties urged two conflicting pleas. Nanhku and the appellant contended that Ex. 1 was a family arrangement under which he got half share in the house and that that family arrangement was valid and binding on the parties. The respondents, on the other hand, contended that Ex. 1 was only a Ladavi deed, that is, a deed of relinquishment. The argument on behalf of Nanhku and the appellant was that there were outstanding disputes between the different branches of the family of Rajkumar, and those disputes were ultimately settled at the instance of and with the aid of certain family friends resulting in Ex. 1 by way of a family arrangement. Therefore, even if Nanhku and the appellant were not able to show their anterior title to the house they were entitled under Ex. 1 to a half share therein. The learned Single Judge accepted the contention raised by Nanhku and the appellant. His reasoning in this connection was that although the land on which the suit house stood was purchased by Amar Singh out of his own funds, it was purchased in the furzi name of Lalji but there was no evidence that Lalji ever admitted to be the furzidar of Amar Singh. Consequently, though Nanhku, by his adoption, lost all interest in the properties of Amar Singh, yet the fact that in Ex 1 Amar Singh acknowledged Nanhku having a half share in the house indicated that there was some apprehension in the mind of Amar Singh of a future dispute and that it was such an apprehended dispute which Ex,1 while dealing with the house, settler. The learned Single Judge added that even assuming that there was no existing or apprehended dispute and the settlement was made out of consideration for the peace of the family or preservation of its properties, the settlement would have to be regarded as a family arrangement. Regarding the plea of adverse possession, he upheld the finding of the Trial Court that Nanhku and the appellant had established their acts of possession during the statutory period, and that consequently, the continuity and exclusiveness of the respondents' adverse possession had been disrupted. On these findings, he dismissed the appeals and confirmed the decree passed by the Trial Court.