LAWS(ALL)-1970-4-24

RAM LOCHAN Vs. MAHADEO PRASAD SINGH

Decided On April 05, 1970
RAM LOCHAN Appellant
V/S
MAHADEO PRASAD SINGH Respondents

JUDGEMENT

(1.) I have had the ad vantage of reading the judgment prepared by my brother Sinha, J. With all respects, however, I find myself unable to concur with the view taken by my learned Brother.

(2.) THE present Special Appeal came up for hearing before a Division Bench, As on one of the points involved in the case there was conflict of judicial opinion, ths Division Bench referred the case to a larger Bench. This is how this appeal came up before this Bench.

(3.) THE claim was resisted by the respondents on grounds, inter alia, that the suit was barred by Section 47, Civil P. C., barred, by time, barred by res judicata, estoppel and acquiescence, that the Revenue Court had no jurisdiction to try the suit, that the Plaintiff was not a Bhumidhar nor in possession and that respondents Nos. 2 to 6, being the trans ferees for value in good faith without notice, were entitled to the protection of Sections 41 and 51 of the Transfer of Pro perty Act.