LAL SOMNATH SINGH Vs. AMBIKA PRASAD DUBE

JUDGEMENT

(1.) This is a plaintiffs' appeal against the order of the lower Court dismissing their suit for possession of certain properties as against defendants 1 to 8 and 29 to 31. The plaintiffs had claimed the properties as the reversionary heirs of Lal Bishwanath Singh who died on 26/27th April 1872. After the death of his widow, Mt. Sheobachan Kuer, on 7th October 1926, the suit wag filed on the last date of limitation, i. e., 6th October 1938.

(2.) The pedigree of the family is printed at page 7 and there is no dispute as regards the pedigree. On the death of Mt. Sheobachan Kuer, Lal Shanker Nath Singh, who was the nearest collateral of Lal Bishwanath Singh, became his legal heir. The suit was filed by Somnath Singh, son of Lal Shanker Nath Singh, the other two plaintiffs being his cousins to whom the plaintiff had agreed to give a portion of the property.

(3.) The property is divided into six schedules. The appeal relates only to schedules A and D, as the plaintiffs entered into compromises with the other defendants who were interested in Schedule B, C, E and P., and decrees: have been passed in terms of the compromises and we are, therefore, no longer concerned with these items of property. Defendants 1 to 8 are in possession of Schedule A property and defendants 29 to 31 are interested in Schedule D property. Defendants 1, 2 and 3 are represented by Mr. Pathak and defendants 6 and 7 are represented by Mr. Krishna Shankar. Defendant 8 is not represented before us, while defendants 4 and 6, Mt. Annapurna Debi and Lakshmi Narain, are dead, they having died during the pendency of the appeal. The appellants did not apply for substitution of names as it was their case that the other defendants, who were already on the record, were the legal representatives of the deceased defendants. Defendants 29, 30 and 31 are not represented.