JANAM SINGH KUDADA Vs. STATE OF BIHAR

JUDGEMENT

(1.) After hearing learned counsel on behalf of the appellants for some time, and after having gone through the relevant provisions of the Constitution of India, the Wilkinson Rules and the Full Bench Judgment in Mora Ho v. State of Bihar and Others, 2000 AIR(Pat) 101, we are of the view that it may not be necessary to go into the applicability and/or validity of the Wilkinson's Rules in this matter for two reasons.

(2.) First and foremost, as is correctly pointed out by the learned counsel appearing on behalf of the appellants/defendants in the Suit, what was claimed in the Suit was only half the Suit property and not the entirety of the property as follows:

(3.) Paragraph 3 of the plaint states "Sura Ho died issueless and the lines of the parties became entitled to half and half of these lands". This was the suit property over which the plaintiffs claimed a declaration that they are rightful owners and for confirmation of their possession, and consequentially, correction of the entry made in the Record of Rights of 1963.