JOKHI RAM Vs. SARDAR SINGH

JUDGEMENT

(1.) THIS is a defendants appeal arising out of a suit for possession over certain property and recovery of damages. The only question in the appeal is whether the plaintiffs suit was barred by O.2, R.2, Civil P.C. The following pedigree will be useful in understanding the facts of the case:

(2.) SHEO Baran Singh was the owner of 2 1/2 biswa share in Patti Sheo Baran Singh. Appertaining to this share he had some Sir land. On 23 -11 -1921 he made a gift of his zamindari share and the Sir land to the three branches of his sons but in unequal shares. To Lakhan Singh and Sardar Singh plaintiffs 1 and 2 and their mother Srimati Chameli he gave 15 biswansis share, to Budha Singh and Tikam Singh, defendants 5 and 6 and Nabbo Singh deceased their father he gave 15 biswansis share, and to Shrimati Larehti, wife of Lochan Singh and mother of Hakim Singh and Hukam Singh, plaintiffs 3 and 4, he gave one Biswa

(3.) IN 1925 the appellants who had thus become co -sharers in Patti Sheo Baran Singh brought a suit for profits against the members of the family of Sheo Baran Singh, who were co -sharers in the Patti. Lakhan Singh and Sardar Singh, plaintiffs 1 and 2, Hakim Singh and Hukam Singh, plaintiffs 3 and 4, were impleaded as minors represented by their respective guardians. The suit was decreed on 4 -12 -1925. Execution proceedings were taken out and the entire zamindari share remaining in the hands of the judgment -debtors was sold in auction and purchased by the appellants on 22 -1 -1929.