MAHABIR GOPE Vs. HARBANS NARAIN SINGH

JUDGEMENT

(1.) This is an appeal by the defendants from a decree of the Patna High Court reversing a decree of the Subordinate Judge's Court at Patna, and decreeing the plaintiff's suit for possession against the defendant first party who may be called for the sake of convenience as 'the Gopes'.

(2.) The lands were 'khudkhasht' lands, partly belonging to the plaintiffs first party and partly belonging to 'Mussammat' Anaro Kuer, from whom the plaintiffs second and third parties trace title. The ancestors of plaintiff first party gave on 28-9-1899 an ijara with possession to one Lakhandeo Singh as ancestor of the defendant second party under Exhibit 1 (b) for a term of six years from 1307 Fasli to 1312 Falsi for Rs. 540/-. The 'poshgi' money was to be repaid in one lump sum at the end of Fasli 1312. If there was no redemption then, the ijara was to continue in force till the money was repaid. Mussammat' Anaro Kuer gave her share in ijara to the same Lakhandeo Singh orally on 10th June, 1905, for a period of three years for Rs. 542/-. Lakhandeo Singh, who is represented now by the defendant second party, made a settlement of the land thus got by him (8.26 acres or 13 bighas in all) with one Ram Lal Gope, an ancestor of the defendant first party for a period of three years from Fasli 1315 to Fasli 1318. There was a 'patta' in favour of the tenant and a 'kabuliyat' in favour of the landlord. This was in 1908.

(3.) The suit was in the alternative for recovery of the value of the lands as compensation or damages from the defendant second party in case it was found that the defendant first party could not be ejected. The trial Court decreed this alternative claim and awarded to the plaintiffs compensation at the rate of Rs. 200 per bigha. The defendant second party carried the matter in appeal to the High Court and succeeded. But we have nothing to do with this matter in the present appeal.