GOPAL SINGH Vs. HUKAM SINGH

JUDGEMENT

(1.) These are three appeals involving different questions, though arising out of the same suit. The suit was for possession and mesne profits in respect of some property of which Mangad Singh, uncle of the original plaintiffs 1 and 2, was alleged to have been the last male owner. The property had in the first instance, devolved on his widow Mt. Man Kuer who died in December 1936 and the plaintiffs brought the suit leading to these appeals as reversioners to Mangad Singh. Hat Bhajan Singh, plaintiff 1, died during the pendency of the appeal in the lower appellate Court, being succeeded by his sons, Gopal Singh and Daulat Singh, appellants, in Second Appeal No. 1601 Of 1916.

(2.) Mt. Man Kuer, on 2nd November 1907, executed a sale-deed in respect of the property in dispute in favour of Gopal Singh, father of defendants 1 and 2 for Rs. 8000. Shares in three villages amongst the various items of property covered by this sale-deed were pre-empted by Dwarka Prasad defendant 3, who brought a suit No. 225 of 1909 of the Court of the Subordinate Judge, Shahjahanpur for that purpose. This suit was decreed on 1st May and Dwarka obtained possession under the decree on 2nd August 1910. He was impleaded in the suit giving rise to the present appeals in that capacity.

(3.) Before we enter into the pleadings in the present suit and the stages through which the litigation has passed prior to the case reaching this Court, it is necessary to refer to some previous history.