HARNARAIN AHIR AND OTHERS Vs. RAGHUBIR RAI

JUDGEMENT

(1.) These 13 connected appeals arise out of one judgment dated 27-5-1967 passed by Civil Judge Ballia in 18 Civil Appeals arising out of 18 Original Suits decided by Munsif Ballia East on 13-11-1959. The first 9 appeals have been filed by the defendants and the last 4 appeals have been preferred by the plaintiffs.

(2.) In Second Appeal No. 3073 of 1967 the plaintiffs have filed cross-objection.

(3.) In the district of Ballia, village Indarpur is to the east of river Sarju and village Cheruiyan is to the west of river Sarju. The defendants are residents of village Cheruiyan. The plaintiffs are residents of village Indarpur. They are zamindars or fixed rate tenants. The dispute relates to several agricultural plots which used to go under water in the rainy season when river Sarju used to be in spate. Therefore, only Rabi crop was used to be sown in the suit plots. The tenure holders were not used to have Kharif crop in the plots.