AJODHIA SINGH Vs. RAM PHAL SINGH

JUDGEMENT

(1.) THIS is a plaintiffs' second appeal against the concurrent findings of the Courts below.

(2.) TWO of the respondents Nos. 15 and 18 are dead and their legal representatives have not been brought on the record. It is contended on behalf of respondent No. 14 that the appeal has abated as a whole. It is evident from the record that respondents Nos. 15 and 18 did not claim any interest in the land in dispute and the plaintiffs also did not allege that they had any interest in the land in dispute. If their legal representatives have not been brought on the record, this would not adversely affect the merits of the appeal and the appeal has not, therefore, abated against the other parties.

(3.) THE plaintiffs appellants filed a suit for possession of five plots of land situate in village bahauddinpur in the district of Sultanpur, against defendants 1 to 18 on the allegations that the plaintiffs had been in possession of the plots in dispute for a very long time and had acquired the rights of maurusi tenants under the law and that. the defendants had unlawfully taken possession of the plots in July, 1943. Defendants 1 to 14 were said to be some of the proprietors of the land in dispute while defendants 15 to 18 were said to hold no rights in the land in dispute. The suit was contested by the defendants, but the main contest was by defendant No. 14. Defendants 15 and 16 disowned the plots and stated that they had no concern with the plots nor had they entered into possession of these plots. Defendant No. 16 who is the father of defendants 17 and 18 also alleged in the written statement that his sons defendants 17 and 18 had also no concern with the plots in dispute.