SMT. DHANAU Vs. SRI JAGARNATH SINGH AND OTHERS

JUDGEMENT

(1.) A learned Single Judge has referred the following question to a larger Bench:-

(2.) The following is the pedigree of the family of the parties:-

(3.) Smt. Dhanau the plaintiff appellant filed a suit for an injunction and in the alternative for possession. The suit related to two holdings. The plots mentioned in List A annexed to the plaint were Sir and Khudkasht while the plots mentioned in the List B to the plaint constituted a tenancy holding. The plaintiff alleged that Sri Ram Singh and Girdhari Singh were cosharers in the two holdings. Shri Ram Singh died prior to the date of vesting. On his death the plaintiff succeeded to his interest under the personal law in regard to the sir and khudkasht plots. In respect of the tenancy holding, on death of Sri Ram Singh, the other cosharer Girdhari Singh coopted Smt. Dhanau as co-tenant with the consent of the zamindar. Girdhari Singh died on June 6, 1953 leaving no one as an heir under the Zamindari Abolition Act. So under Sec. 175 of that Act the plaintiff Smt. Dhanau as a co-sharer acquired Girdhari Singh's interest by survivorship. In this way she became the sole tenure-holder of both the holdings. It was alleged that Jagarnath Singh defendant No. 1 had on March 29, 1957 transferred the plots of Lists A and B to defendants second set without having any title or interest in them. Since the defendants name had been mutated the plaintiff apprehended dispossession.