PHEKU CHAMAR Vs. HARISH CHANDRA

JUDGEMENT

(1.) This is a defendants' appeal arising out of a suit for possession of a piece of land situate in village Mirpur, district Jaunpur.

(2.) The plaintiffs and defendants 53 to 67 form a joint Hindu family and the plaintiffs are the descendants of the defendants mentioned above. These defendants 53 to 67 gave a licence in the year 1937 to defendants 1 to 52 permitting them to make constructions on the land in suit, and defendants 1 to 52 accordingly have made certain constructions. The main defendants are these defendants 1 to 52 and they will be hereinafter referred to as the defendants. The other defendants, namely, defendants 53 to 67, the grantors of the licence, will be referred to as pro forma defendants.

(3.) The plaintiffs' case was that they constitute a joint Hindu family with the pro forma defendants and the property in suit is the joint ancestral property of the plaintiffs. It was alleged that the pro forma defendants had no right to grant a licence of the land in suit to the other defendants and that the said licence was void and ineffective inasmuch ag the licence was not given for consideration and was not justified by legal necessity. The prayer of the plaintiffs, therefore, was that they should be put into possession of the property in suit and the constructions made by the defendants on the land be ordered to be removed.