RAM KISHUN RAM Vs. SHEO NANDAN SINGH

JUDGEMENT

(1.) This appeal is directed against an order passed in a proceeding under Section 11, Encumbered Estates Act.

(2.) Sheonandan Singh, the respondent, applied under Section 4, Encumbered Estates Act, and alleged that a one anna share in certain villages belonged to him. This property had been sold at an auction held as against him and had been purchased ostensibly in the name of one Raghunandan Singh. It appears that Baghunandan Singh had purchased this property for himself and his brother Jadonandan to the extent of one half and for one Radha Kishen to the extent of the other half. Jadonandan died and his share in the property was inherited by Raghunandan and his third brother Ram Kishen, the present objector appellant. Raghunandan has also died leaving certain grandsons who are no parties to the present proceedings. Ram Kishen made an objection under Section 11 of the Act claiming this entire one anna share of the property as belonging to him as a successor of Raghunandan. Sheonandan, the landlord applicant objected and claimed one anna share as belonging to him on the ground that the sale in favour of Raghunandan was in fact benami for him because he had paid the amount of the sale consideration. It has been found by the lower appellate Court that the case set up by Sheonandan that Raghunandan had purchased the property benami for him is untrue. Indeed this question had been decided in a previous suit which was filed by Sheonandan against Raghunandan and which was dismissed.

(3.) The Court below has further found that Raghunandan had purchased the property to the extent of one half as benamidar for Radha Kishun. The remaining six pies share was purchased by Raghunandan for himself and for Jadonandan. Jadonandan's share of 3 pies was inherited by Raghunandan and Ram Kishen to the extent of one half each. In this way Ram Kishen became the owner of one and a half pies share in the property. The lower appellate Court has, therefore, passed a decree declaring Ram Kishen to be owner of one and a half pies share in the property and dismissing the rest of his claim.