UMADUTT MISRA Vs. SMT. DULARI KUER AND ANOTHER

JUDGEMENT

(1.) THIS second appeal filed by the Defendant arises out of a suit for injunction.

(2.) THE Plaintiffs brought the suit in respect of 22 plots which were said to be the Sir of Sabhajit, who was husband of Plaintiff No. 1 and son of Plaintiff No. 2. It was alleged that the Plaintiffs have all along remained in possession of the disputed plots and the Defendant had no concern with the same; that the Defendant fraudulently obtained an ex -parte decree against Sabhajit, a dead person, which amounts to interference with the Plaintiffs' Possession and so an injunction was claimed restraining the Defendant not to interfere with the Plaintiff's possession.

(3.) BOTH the courts below overruled the defence. They found that Sabhajit had not been heard of for the last 20 years; trial he must be presumed to be dead on the date of the suit, that is, December 8, 1955; and that the decree obtained by the Defendant was a nullity. The suit was accordingly decreed. It is against these concurrent findings that the present appeal has been instituted.