PARSOTTAM Vs. NAROTTAM AND ANOTHER

JUDGEMENT

(1.) THIS is a Plaintiff's first appeal from order which has been referred to a Division Bench by C.B. Capoor, J. by his order dated 20 -1 -1967 as in his opinion the decision of a learned single Judge in Rameshwar v. Ram Asrey, 1965 AWR 367 requires reconsideration.

(2.) THE Plaintiff filed a suit in the court of the City Munsif Varanasi in respect of an agricultural plot of land for a permanent injunction restraining the Defendants:

(3.) THE Defendants contested the suit on the ground that the land in dispute belonged to a joint family of which the Defendants and the Plaintiff were the members and that the compensation for acquiring bhumidhari rights had been paid to the government out of the joint family fund but the name of the Plaintiff alone had been entered in the revenue papers because he was the karta of the family.