THAKUR DEI KUNWAR Vs. BISHWANATH SINGH

JUDGEMENT

(1.) This is a plaintiff's appeal in a suit for declaration that defendant 1 is the owner of a live anna zamindari share and certain houses in village Bhandewa, district Azamgarh. According to the allegations in the plaint, the name of Mt. Sukhna Kunwar defendant 4 who, as a Hindu widow, is entitled to a mere maintenance, is wrongly entered in the khewat against this zamindari property.

(2.) There were two brothers, Ran Bahadur and Ram Padarath, the former left a widow Mt. Sukhna Kunwar, defendant 4, and the latter two sons, Bishnath Singh defendant 1 and Har Bhan Bingh. Bishnath Singh has two sons, Ghandra Bhukhan and Durga Prasad, defendants 2 and 3 respectively. The last two defendants presumably live with their father, defendant 1, as members of a joint Hindu family, and the declaration of title sought in the plaint was obviously intended to be in favour of these defendants also.

(3.) In July 1943, defendant 1 had agreed to sell a three anna 8 pie zamindari share in village Bahora (to be distinguished from Bhadewa, the village in dispute) to the plaintiffs-appellants. In the same year, the latter brought suit No. 422 of the Court of the Munsif, Azamgarh against the defendants 1 to 3 for specific performance of the said agreement. This was decreed on 29th August 1944.