RAM NARESH Vs. ANIRUDH AND ANR.

JUDGEMENT

(1.) THIS is a second appeal arising out of a suit for the recovery of certain movables or in the alternative for the recovery of Rs. 700 on the allegation that the Plaintiff and Defendant No. 1 had a Vritti Mahabrahmani right in village Bibipur and on the death of one Shambhu Ratan the offerings made by his relations and received by Defendant No. 2 in collusion with Defendant No. 1 could not be appropriated by them. Defendant No. 1 had denied that he was a party to the receipt of offerings made to Defendant No. 2 and was, therefore, not liable for the return of movables or payment of any money. Defendant No. 2, on the other hand, denied the Plaintiff's right of Vritti Mahabrahmani in village Bibipur and also pleaded that the offerings had been made to him specifically by the widow of Shambhu Ratan and as such the Plaintiff had no right to claim back the movables given to him. The price of the movables claimed by the Plaintiff was also not accepted.

(2.) THE trial Court framed the following three issues:

(3.) THE Plaintiff then went up in appeal and the learned Civil Judge, who heard the appeal, came to the conclusion that the Plaintiff had a Vritti Jajmani right extending over village Bibipur, but he agreed with the finding of the trial Court that the relations of Shambhu Ratan were free to give the offerings voluntarily to anybody and as such the suit was not maintainable. A second appeal was then instituted by the Plaintiff which came up for hearing before a learned Single Judge of this Court, who, considering that the question of law involved in this case was of importance, referred it for hearing to a Division Bench.