RAM KISHORE JAISWAL Vs. B KAVINDRA NARAIN

JUDGEMENT

(1.) THESE three appeals arise out of three suits filed in the court of the Additional Munsif of bana-ras for realisation of 'zar-i-chaharum', that is, one-fourth of the sale price.

(2.) ON 16-7-1947, in execution of a simple money decree against Babu Nandan a portion of plot no. 586 was sold at auction and was purchased by the appellant, Ram Kishore Jaiswal. On 25-8-1938, another portion of the same plot was sold by Babu Nandan to the appellant. On 19-9-1938, the rest of plot No. 586 was sold by Babu Nandan to the appellant.

(3.) PLOT No. 586 was situate in Patti Shamlat, Mauza Jaitpura, Banaras. The plaintiffs were the plot proprietors while the defendant Babu Nandan was a parjotdar. The plaintiffs filed three suits and in the plaint they alleged that they were zamindars and under an ancient custom the zamindars were entitled to get one-fourth of the sale price, whether the property was sold by voluntary sale or by auction sale.