RAM PRATAP Vs. INDRAJIT

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of his suit for the recovery of possession of a one-half portion of the property left by one Kedar Misra without payment of any sum or in the alternative, upon payment of such sum as may be found due by the Court. The suit was dismissed by the Munsiff and the lower appellate Court has also dismissed the appellant's appeal from the decree and judgment o the trial Court. He thus came to this Court in second appeal.

(2.) The appeal was heard and decided as far back as 8th January 1942 by Collister, J. who allowed the appeal and setting aside the decree of the lower appellate Court directed that Court to proceed to determine whether the appellant was entitled to possession of the property in suit with or without payment of any redemption money. This decree was however, subsequently set aside on 13th May 1948 as it was found that one of the respondents, namely, Inderjit Misra was dead at the time when the second appeal was heard and decided by this Court. The appeal having been restored to its original number has now been heard by me afresh.

(3.) One Rameshwar had three sons, Thakur Dayal, Debi Dayal and Janak. Thakur Dayal had a son, Deonath, and Deonath had three sons, namely, Manbahal, Nand Kishore and Ram Pratap. Ram Pratap is the plaintiff appellant. Debi Dayal had a son Batuk. Batuk had a son Awadh Behari and the latter had two sons, Inderjit and Kuber who were defendants 1 and 2. Inderjit having died his heirs Bijai Narain and Achhutanand Misra are now arrayed along with Kuber as respondents to this appeal. Janak had a son named Kedar who died about the year 1906 and was succeeded by his widow Srimati Maktula who held the property as a life estate until her death about the year 1930. It is this estate of Kedar which is in dispute in this litigation.