CHANDRA SAHAI AND OTHERS Vs. RAMA SHANKAR

JUDGEMENT

(1.) THIS is a defendants appeal directed against the appellate judgment of the Third Addl. District Judge, Etah dated February 11, 1975 in Civil Appeal No. 151 of 1972 confirming the judgment and decree of the trial court (Munsif, Kasganj) in original suit No. 259 of 1968 by which the plaintiff's suit was decreed.

(2.) THE plaintiff had brought the suit for a permanent injunction restraining the defendants from taking offerings or Dakshina from the Jajmans mentioned in the Bahis specified at the foot of the plaint and also from interfering with the taking of offering and Dakshina from those Jajmans by the plaintiff. The plaintiff claimed that he was the owner of Vritti Jajmani and in possession of the Jajmani Bahis which were transferred to him by means of a sale deed dated October 17, 1967 executed by Smt. Lilawati wife of Ram Prasad. These Bahis originally belonged to Ram Kishan against whom Ram Prasad had obtained a decree in suit No. 464 of 1956 for a sum of Rs. 1,000/-. In execution of that decree, he got the Bahis attached and sold in auction and he had himself purchased the same for a sum of Rs. 700/-. It was claimed that Vritti Jajmani right too was sold in the auction sale. Ram Prasad made a gift of the Bahis -of Vritti Jaj­mani along with other property to his wife Smt. Lilawati. The extract of register of the decree in suit No. 464 of 1956 is Ext. 1. The attachment order is Ext. 2. The report of the Amin about execution of the sale of Bahis is Ext. 4. The plaintiff claimed that after the transfer deed executed in his favour by Smt. Lilawati he was taking offerings or Dakshina from the Jajmans mentioned in the Bahis but the defendants started interfering with his right to take offerings and hence the suit.

(3.) ON the pleadings of the parties several issues were framed by the trial court which were decided in favour of the plaintiff and the plaintiff's suit was decreed.