NAGESHAR RAM Vs. BANSBAHADUR SINGH

JUDGEMENT

(1.) This is a plaintiffs' appeal arising oat of a suit (or three reliefs-- (a) for a declaration that the plots in suit (which are agricultural plots) be declared to be the joint family property of the plaintiffs and defendant 2' Chander Prasad, (b) that a lease dated 27th June 1942 executed by Chander Prasad in favour of defendant 1 Bans Bahadur Singh be cancelled and (c) that possession over the plots in suit may be awarded to the plaintiffs. Both the Courts below have held that the plots in suit were the joint family property of the plaintiffs and defendant 2, and therefore they have granted a declaration to that effect to the plaintiffs, but the other two reliefs have not been granted. The point in this appeal is whether the other two reliefs could be granted.

(2.) The plots in dispute are zamindari property. They were purchased in July 1934 by the plaintiffs in the name of Chander Prasad who was then a minor and is the son of Nageshwar Bam, plaintiff 1, plaintiff 2 being another son of plaintiff 1. Obviously, the purchase in the name of defendant 2 minor was for the benefit of the entire family and the name of Chander Prasad was a benami. The manager of the family is obviously plaintiff 1.

(3.) When Chander Prasad attained majority, he proceeded to execute a lease on 27th June 1942 in favour of Bans Bahadur Singh defendant 1, without the consent of his father and other members of the family. This lease was only for one year. On the expiry of the term of the lease, that is, on 6th July 1943 the plaintiffs brought the present suit for the reliefs stated above.