RAJA RAM Vs. BISHNATH PRASAD

JUDGEMENT

(1.) Raja Ram, appellant, and his brother, Gaya Prasad, respondent 7 instituted a suit against the other respondents for partition of property belonging to the family. They obtained a preliminary decree for partition. In that suit the title and joint possession of the appellant was admitted. Subsequently, they applied several times to the civil Court for possession in pursuance of that preliminary decree, but that possession was refused, finally on 22-8-1933.

(2.) Raja Ram then took proceedings in the revenue Court. He applied first for mutation of names but his application was dismissed on 28-2-1934. He subsequently made another application also for mutation of names, but that too was dismissed and so was his appeal against the order of the Sub-Divisional Officer.

(3.) On 9-6-1936, he applied for partition of the revenue-paying property in the Revenue Court but that application was also dismissed. Finally he made an application for correction of papers which was dismissed on 18-10-1943, on an objection filed by the respondents 1 to 7. Thereafter the suit out of which this appeal arises was instituted on 2-3-1944, for joint possession over the property mentioned in list A attached to the plaint. It was pleaded that the cause of action was the dismissal of the application for correction of papers on 18-10-1943, and the objections of the defendants to the application for correction of papers.