RAM GOPAL PANDEY Vs. THAKURJI ASTHAPIT

JUDGEMENT

(1.) This second appeal arises under the following circumstances:

(2.) The Plaintiff Sri Thakurji through Ram Badan Pande, sarbarakar filed a suit for a declaration that Sri Thakur Ji was entitled to receive the sum of money deposited in connection with suit No. 421 of 1941 in the court of the Munsif of Ghazipur and suit No. 23 of 1943 in the court of Sub-Judge of Ghazipur through Ram Badan Pande, sarbarakar.

(3.) The Plaintiff's case was that Ishwari Pande had advanced some money in the name of Thakur Ji on a usufructuary mortgage obtained in Sri Thakur Ji's favour. The mortgage was of agricultural property. Ishwari Pande died several years prior to the suit leaving three brothers, Kali Pande, Mahatam Pande and Deoraj Pande and children of the said three brothers. The pedigree given below will show the names of the members of the family of Ishwari Pande: