BRIJ KISHORE PRASAD SINGH Vs. JALESHWAR PRASAD SINGH

JUDGEMENT

(1.) This is an appeal, by special leave, by the plaintiffs from a decree passed in appeal by the Patna High Court dismissing their suit for recovery of the plaint property with mesne profits.

(2.) Plaintiffs 1 to 4 are the daughter's sons of one Kishundeo Singh, plaintiffs 5 and 6 are his daughters and plaintiff 7 is his widow. The plaint property together with some other properties belonged to the joint family of which Kishundeo Singh and his brothers were the members. Suit No. 80/34 of 1944-46 was instituted for partition of the properties. That suit was compromised on July 4, 1947 and different schedules were prepared for the property allotted to the shares and some property was left in the joint possession of all of them. The plaint property fell to the share of Kishundeo Singh under the compromise. It may be mentioned that as none of the parties to the compromise produced the necessary stamp paper as directed by the Court, no decree was drawn up by the Court.

(3.) In the suit for recovery of possession of the plaint property filed by the plaintiffs, defendants 1 and 2 contended that Kishundeo Singh, while he was alive, executed a hukumnama in 1354 Fs in their favour and they were put in possession of the plaint property as lessees and so they were entitled to remain in possession. They further contended that the suit was barred by limitation and also by S. 47 of the Civil Procedure Code.